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COPYRIGHT DEPOSIT. 













Montana Civics 


AN EL EMEN TAR V TEXT BOOK IN 
STATE AND LOCAL GOVERNMENT. 


BY 

HENRY H. SWAIN, PH. D., 

'\ 

President of the Montana State Normal College 





CHICAGO 

SCOTT, FORESMAN AND COMPANY 
1903 















W / 'S> 


THE LIBRARY OF 
CONGRESS, 

Two Copies Received 

SEP 8 >903 

Copyright Entry 

Qm*. /, 'ft* 

CLAS? O- XXc. No 

<£•5-4 5-7 

COPY B. 



Copyright, 1903, by Henry H. Swain. 














CONTENTS. 

3k - 

CHAPTER I. 

Local Government . i 

CHAPTER II. 

The Finances of the County . n 

CHAPTER 1H. 

Elections .17 

CHAPTER IV. 

The Officers of the County . 25 

CHAPTER V. 

The Government of Cities .28 

CHAPTER VI. 

The State .38 

CHAPTER VII. 

Making the Laws .45 

CHAPTER VIII. 

Executing the Laws .56 

CHAPTER IX. 

State Finance .65 

CHAPTER X. 

Interpreting the Laws .69 

CHAPTER XT. 

Education .80 

Appendix—Constitution of Montana .91 





































PREFACE. 


The purpose in offering this book is to enable pupils in the 
public schools of Montana to have the means of studying 
government as it actually exists where they live. The di¬ 
versities in state and even more in local government, in 
different states of the American union, are such that what is 
written for use in some states will not apply to others. If 
a pupil is to learn about his own state, there are consequently 
only two alternatives—either to have a book written ex¬ 
pressly for that state, or to expect the pupil as he goes 
along, to make the necessary mental corrections—perhaps 
with the aid of a condensed summary appended to his text¬ 
book. 

Teachers who have had some experience do not need 
to be told that the latter attempt will not work successfully. 
The adult mind may be able to grasp generalizations, and 
modify them to secure a mental picture of local conditions. 
But the child must start with what is definite and specific. 

This is indeed one of the chief reasons for emphasizing the 
study of one’s own government. It is not simply that an 
understanding of the government with which he is immedi¬ 
ately connected is of most practical value. But it is only 
by starting with what is right at hand and accessible to the 
child’s personal observation, that the study can be made 
other than mere “book learning.” 

For this reason every effort has been made in the present 
work to turn the pupil’s attention to what is really going 

(v.) 




VI 


PREFACE 


on about him, so that he may not associate the study of 
civics simply with the school and “ lessons," but come to 
connect it with actual life. It is hoped that every teacher 
who uses this book may keep this purpose constantly in 
mind. Foot-notes occasionally offer suggestions which the 
writer has found of great practical help in achieving the 
end sought. 

Teachers of small experience may be disappointed in not 
finding more historical matter. There is a time when some 
knowledge of the historical development of political insti¬ 
tutions will throw light on a pupil’s understanding of his 
own government, but that time is certainly not at the begin¬ 
ning of his study. We do not think it necessary to instruct 
a child in the origin and development of the alphabet and 
the general history of language before he learns to read. 
Nor can a pupil who knows next to nothing of present 
political institutions, get from books any lucid conception 
of prehistoric conditions. 

Nevertheless the present book does not by any means 
ignore historical aspects, and the smallest library, even 
the school histories, will supplement this to as great an 
extent as most pupils will find desirable till they reach a 
more advanced stage of their studies. 

Dillon, August I, 1903. 



MONTANA CIVICS. 


CHAPTER I. 

LOCAL GOVERNMENT. 

It must perplex pupils, if not teachers, to notice what a 
great diversity there is in definitions of government in dif¬ 
ferent text-books. This is not the place to discuss these 
definitions. But a very little study discloses the reason for 
such conflicting variety. Each writer has his own opinion 
of what government ought to be. But no government that 
actually exists anywhere corresponds to this notion. Con¬ 
sequently the impossible task is undertaken of making a 
definition that will agree with the writer’s notion of what 
ought to he, and at the same time apply to what is. 

What Government Is.—Now many modern govern¬ 
ments are exceedingly complicated affairs. But the funda¬ 
mental idea of government itself is very simple. The fol¬ 
lowing illustration may make this clear. Water is very 
necessary to human life; but there are many different ways 
of securing a water supply. In one neighborhood it may 
be entirely satisfactory for every household to have a well 
on the premises and be wholly independent of every other 
household. In another neighborhood, it seems better for 
several people to combine their efforts. They may, for ex¬ 
ample, sink a well on the corner of four adjacent lots, and 
use water from this, or they may lay pipes from a spring 

"( 1 ) 





2 


MONTANA CIVICS 


or a running stream on the premises, and so, not only have 
water for their own use, but sell a supply to others. 

But in some circumstances it may be better for aH the 
inhabitants of a community to combine their efforts, and 
establish a water system for supplying all. 

Sometimes scattered families on the frontier protect their 
own homes against marauders and savages. In other in¬ 
stances a number of persons combine and hire guards to 
protect their property. In still other cases a whole com¬ 
munity regularly and systematically co-operate for mutual 
protection. 

Some families educate their own children. Sometimes 
teachers are paid to teach the children of several families. 
Still another way is for a whole community to combine 
and employ teachers for all the children. 

Many more illustrations might be given, but these are 
enough to show how various objects may be accomplished 
in any one of three different ways: by individual effort, by 
the combined efforts of several persons, and by a complete 
combination of a whole community. Wherever we fnd per¬ 
manent and systematic combination of a whole community 
for any purpose, there we have government. 

It will be noticed that this statement does not imply any 
particular theory about the probable origin of government. 
Nor does it necessitate any discussion about the “ proper ” 
function of government, a question over which a great deal 
of breath has been wasted. Some persons maintain that the 
only proper function of government is to kill or imprison 
people, that all other objects should be attained only by indi¬ 
vidual efforts, or the association of a few persons. The 
fact is, that there are few if any objects of human endeavor 
which have not, at one time or another, been undertaken 
by each of these methods. Which is the best method for 




LOCAL GOVERNMENT 


3 


attaining any particular end is largely a question of ex¬ 
perience, with which we are not specially concerned here. 

Nor is any question raised about how people are led to 
co-operate. If it is largely a matter of compulsion with 
many people, we have a despotic type of government. The 
more largely the co-operation is voluntary, the nearer we 
approach the essence of pure democracy. Governments 
differ chiefly in the relative proportions in which the volun¬ 
tary and compulsory features enter. No government known 
to history has been wholly devoid of either element. 

Our Different Governments.—Now, just as some ob¬ 
jects may be best accomplished by the co-operation of all 
the people in a community, so some things may be done 
best by the co-operation of several communities, or even 
of all the people in a large extent of country. Consequently, 
the same people are often concerned in several different 
governments at the same time. The co-operation of the 
people of a single neighborhood is accomplished through 
a township government or a city government or the gov¬ 
ernment of a school district. Those things that can be 
more satisfactorily accomplished by the co-operation of 
all the people in a wider area are managed through county 
government. Objects that are better attained through still 
wider co-operation, come within the sphere of the state 
government. Finally, the federal government achieves ends 
that require the co-operation of the whole nation. 

Township Government.—In some states that are very 
thickly settled, the people co-operate in a good many matters 
in small groups called townships, which are usually about 
six miles square. But Montana is so sparsely settled that 
regions so small as that seldom contain enough people to 
make township government practicable. So the principal 
unit of local government in Montana is the county. 






4 


MONTANA CIVICS 


County Government.—There are at present in Mon¬ 
tana twenty-six counties, having areas varying from about 
one thousand to more than sixteen thousand square miles. 
Naturally, the counties of the greatest area are in the more 
thinly settled parts of the state, and as their population 
increases, some of these counties will doubtless be divided 
in two. 

There are several things in regard to which the people 
of a county can be of help to one another. One of these is 
in preserving the peace and settling disputes. But part 
of this work is done by other units than the county, so it 
will be more convenient to study all about that matter by 
itself, and we shall do this in a separate chapter on the 
Judiciary. 

The people of a county also co-operate in regard to educa¬ 
tion. But as some educational matters are managed by the; 
state as a whole, it will be better to leave this also for a 
separate chapter on the school system. 

What the County is For.—So, apart from schools and 
judicial business, there are three things especially in which 
the people of a county co-operate. These are, the public 
roads, the care of the poor, and the keeping of certain 
public records. 

Now, to accomplish these ends, three things are neces¬ 
sary: 1st, to decide just what shall be done; 2d, to pro¬ 
vide for meeting the expense involved; and 3d, to have 
it understood just which part of the work shall be done 
by which persons. 

Where there is township government, it is possible for 
all the grown men to come together and talk matters over, 
decide what is best to do, arrange for raising the money 
needed, and select the persons to see to the different details. 




LOCAL GOVERNMENT 


5 

This is just what is clone in the New England “town meet¬ 
ing/’ 

But in a Montana county many people would have to 
travel a long way to get together, and even if they all 
came—since there are seldom less than a thousand, and in 
some counties nearly twenty thousand men,* they would 
make such a crowd that it would be impossible to have a 
meeting in which they could talk matters over. 

So, instead of attempting this, the people of a county 
choose three men to represent them in the management of 
county affairs. Instead, therefore, of having direct or demo¬ 
cratic government, like that of the New England town¬ 
ship, we have in Montana chiefly indirect or representative 
government in the county. Chiefly representative, though 
there are a few matters in regard to county government 
that are decided directly by the people.** 

Board of Commissioners.—The three representatives 
chosen by the people to consider and decide what shall be 
done by the county, are together known as the board of 
commissioners. They are chosen for terms of six years, 


* The following tabic shows the area of the different counties and their 
population in 1900: 


Sq. Miles. Pop. 

Beaverhead . 4,494 5,615 

Broadwater . 1,247 2,641 

Carbon . 2,472 7,533 

Cascade . 2,764 25,777 

Chouteau .16,049 10,966 

Custer and Rosebud . .20,490 7,891 

Dawson .13,227 2,443 

Deer Lodge and Powell 4,252 17,393 

Fergus . 8,928 6,937 

Flathead . 8,419 9,375 

Gallatin . 2,583 9,553 

Granite . 1,543 4,328 


Sq. Miles. Pop. 

Jefferson . 1,585 5,330 

Lewis and Clarke .... 2,572 19,171 

Madison . 4,443 7,695 

Meagher . 4,253 2,626 

Missoula . 6,385 13,964 

Park . 2,788 7,341 

Ravalli . 2,771 7,822 

Silver Bow . 1,017 47,635 

Sweet Grass . 2,887 3,086 

Teton . 7,588 5,080 

Valley .13,368 4,355 

Yellowstone . 3,710 6,212 

5,475 square miles, population 2,660) 


The Crow Indian Reservation (area 

is not included in any county. ... 

** For instance, the people decide whether the county shall go in debt 
for more than ten thousand dollars, whether the countv seat shall be moved 
to another town, whether there shall be a county high school, and whether 
liquor-selling shall be prohibited. They also decide who some of the county 
officers shall be. How they do this will be seen when we come to study 
elections. 





























MONTANA CIVICS 


€ 

but in such a way that the term of some commissioner ex¬ 
pires every second year.* 

The board of commissioners organize by choosing one of 
their own number as chairman. Their meetings are held 
at the county seat** and are open to the public. The 
regular meetings begin on the first Monday of December, 
March, June and September; special meetings may be 
called at any time by a majority of the board. A state¬ 
ment of all the proceedings*** of the board is published 
after the adjournment.**** Each commissioner is paid by 
the county eight dollars for each day’s attendance at meet¬ 
ings and ten cents for each mile traveled. 

Roads.—In a mountainous country, the care of the 
roads***** is a very great task, and if we look over the pro¬ 
ceedings of the county commissioners, we shall see that 
this business occupies a large part of their attention. 

They decide where roads shall be located. This is usually 


* This will be true when a new plan, adopted in 1902, gets fully into oper¬ 
ation. The present boards of commissioners all serve till the end of 
1906. In that year each county will choose one commissioner for two years, 
one for four and one for six years. After that, one commissioner, to serve 
for six years, will be chosen every second year. 

** The county seats of the different counties are as follows: 

County. Seat. County. Seat. 

Beaverhead . Dillon. Lewis and Clarke . Helena. 


Broadwater . Townsend. 

Carbon . Red Lodge. 

Cascade . Great Falls. 

Chouteau . Fort Benton. 

Custer . Miles City. 

Dawson . Glendive. 

Deer Lodge . Anaconda. 

Fergus . Lewistown. 

Flathead . Kalispell. 

Gallatin . Bozeman. 

Granite . Philipsburg. 

Jefferson . Boulder. 


Madison . Virginia City. 

Meagher . . White Sulphur Springs. 

Missoula . Missoula. 

Park . Livingston. 

Powell . Deer Lodge. 

Ravalli . Hamilton. 

Rosebud . Forsyth. 

Silver Bow .Butte. 

Sweet Grass . Big Timber. 

Teton . Chouteau. 

Valley . Glasgow. 

Yellowstone . Billings. 


The county clerk attends all the meetings of the board, and keeps a record 
in full detail of all the proceedings, showing how each commissioner voted 
on every question. 


**** A class may derive great profit from cutting out of the newspapers 
and preserving in a scrap-book for several months the official reports of 
these proceedings. They will then have abundant practical illustration of 
what is here described, and can learn much more than can be fully stated 
in the text-books. 

***** The term “ reads ” strictly means only highways, outside of incorpo¬ 
rated towns or cities. 




























LOCAL GOVERNMENT 


7 


done on petition of the persons specially interested in having 
a particular road opened, and the recommendations of three 
road-viewers specially appointed to examine the matter. 
When a road is laid out across land belonging to any per¬ 
sons the owners must be compensated by the county for the 
land so taken, for the government is not considered to have 
any right to take private property for public use without 
compensation. But in estimating the damage done to the 
land-owner the board of commissioners also takes account 
of the benefit which he will derive from the opening of 
the road, and if this offsets the damage, no payment need 
be made. On the other hand, no land-owner can refuse to 
permit his land to be taken for a road, because the govern¬ 
ment has a right known as the right of “ eminent domain,” 
which has been defined as “ the right which governments 
necessarily retain over the estates of individuals to resume 
them for uses of a public nature.” 

When a road has been established, the commissioners 
attend to the construction, maintenance and improvement 
of the highway, and of any bridges or ferries which may be 
necessary. To facilitate this work, they divide the county 
into road districts, in each of which a supervisor, working 
under the general direction of the board, takes immediate 
charge of the roads, keeping them in repair and making such 
improvements as may be needed from time to time. An 
officer known as the county surveyor, makes such surveys 
as the commissioners find necessary in connection with 
the roads. 

The Poor.—In each county the board of commissioners 
care for persons either permanently or temporarily unable 
to provide for their own needs. In the case of families in 
temporary distress, this is sometimes done by gift of money 
or supplies, or medical attendance. But the usual method 





8 


MONTANA CIVICS 


is to take such persons to the poor farm, which the com¬ 
missioners have provided for this purpose. Here unfor¬ 
tunate persons are fed, clothed and lodged in the poor- 
house, and in case of sickness are attended by the county 
physician, sometimes in a separate building known as the 
county hospital, especially if they are suffering from con¬ 
tagious diseases. The usual method is for some citizen 
of the county to rent the farm and buildings at an agreed 
rental per year. He is then entitled to whatever he may 
raise out of the farm with the help of the inmates. On 
the other hand, he is paid by the county an agreed sum per 
day for the care of each person consigned to the farm. 

Sometimes the aid rendered to the poor consists of rail¬ 
road fare to some other place where they are thought to 
have friends. 

In the more populous counties, where there is a great deal 
of business for the commissioners, there is a county officer 
known as the auditor, who looks after the wants of the 
poor. 

County Records.—Among the things of which it is very 
desirable to have an accurate public record, are all those 
things which show who are the owners of the different 
pieces of land in the county. If a man offers to sell me 
a sack of flour or a suit of clothes, which is in his pos¬ 
session, it is ordinarily safe enough to presume that the 
goods are really his, and that he can sell them to me. For, 
in the absence of any suspicious circumstances, it is reason¬ 
able to suppose that one who has personal property in his 
possession is its owner. Personal property can be moved 
from place to place, and if it should get out of the owner’s 
possession, he would naturally take measures to recover it. 

But with real estate it is very different. Since it cannot 
be moved, one who owns considerable real estate cannot get 



LOCAL GOVERNMENT 


9 


it all into one place. It is very common for owners of real 
estate to lease it to others for a long period. Therefore the 
fact that a man has a piece of land in his possession is no 
evidence that he is the owner. Nor can the owner affix 
an indelible brand to it as he can to live stock. So it is 
very important for an owner of land to be able to prove 
that he is the owner. 

Furthermore, it is very common for land-owners to pledge 
land as security for the payment of a debt. When this is 
done, it would be wrong for the land to be sold to anyone 
who was ignorant that the land was so pledged. Or, to 
express the same thing in different words, the nominal 
owner in such a case would really be only part owner, and, 
of course, could sell only what he owned, namely, a part 
interest in the land. 

Therefore the board of commissioners provide record 
books, and a fire-proof vault to keep the books in. When 
a person buys a piece of land in the county, he brings the 
deed to an officer known as the county clerk, and gets him 
to copy it into the record. Similarly a mortgage or any 
other legal paper affecting the title to real estate, is recorded, 
and as these records are open to public inspection, it is 
possible for one who contemplates buying a piece of land 
to learn positively who the owners are.* 

There is also a county officer known as the surveyor, who 
is employed to locate the boundary lines of real estate.** 
Court House.—In order to have a place for the board 
to meet, to keep the public records, to provide offices for 
the county officers, and a meeting place for the district 

* The county clerk also records all marriages, births and deaths, occurring 
in the county, official bonds, assignments for the benefit of creditors, estrays, 
and lost property. 

** A survey may be made by any competent person, but when made by 
the county surveyor, it is accented as evidence in a court of law. 








10 


MONTANA CIVICS 


court,* the board build, or sometimes rent, at the county 
seat, a building known as the court house. 

In this connection also they usually provide a jail for 
the detention of persons confined there by order of the 
court. These, as well as the other buildings belonging to 
the county, are in charge of the board of commissioners. 


Described on page 72. 



CHAPTER II. 



THE FINANCES OF THE COUNTY. 

Whether people supply their needs by working separately 
or by co-operating, there is very little that can be accom¬ 
plished without involving some expense. To keep up the 
roads, to care for the poor, to carry on schools, and to 
do the other things which the people of a county combine 
to accomplish, cost a great deal of money. To provide for 
meeting all these expenses is consequently a very important 
part of the business of the county. 

There are several sources from which counties derive 
some income, but as taxation is the principal one, we shall 
consider that first. 

Taxation.—Various plans for raising taxes are employed 
in different places, but Montana counties depend chiefly on 
property taxes and poll taxes. Poll taxes are levied on 
every man between the ages of twenty-one and fifty to the 
amount of two dollars each,* for road purposes, and on 
men between twenty-one and sixty years old, a similar tax 
for the poor fund. 

Property taxes are levied on all the property in the county 
except public property and property used exclusively for 
religious, educational or charitable purposes, or for agricul¬ 
tural fairs, hospitals or cemeteries. 

Assessment. —In order to levy a tax it is of course neces¬ 
sary first to know what property and polls are in the county. 


• People who prefer to do so may contribute one day\s labor on the roads 
in place of paying this tax. 

(11) 





12 


MONTANA CIVICS 


For this purpose an officer known as the county assessor 
makes, between the first Monday of March and the second 
Monday of July in each year, an assessment. That is, a 
list of all the polls in the county, and of all the property- 
owners, together with the kind and value of their prop¬ 
erty.* 

As changes may take place during this time, the assessor, 
no matter on 'what day he happens to assess a property- 
owner, takes account of things as they were on the first 
Monday of March. 

The assessor sends to each property-owner a blank state¬ 
ment in which he may declare under oath what he believes 
to be the value of his property, but if he refuses or neglects 
to make such statement, he must submit to whatever esti¬ 
mate the assessor makes. 

Equalization.—When the assessor has completed his 
work, he reports it to the county clerk, who lays it before 
the board of commissioners. On the third Monday of 
July the commissioners meet as a “Board of Equalization.’’ 
At this meeting the board increases the assessment of any 
property whose value seems to have been underestimated, 
and if property-owners think the assessor has unreasonably 
increased the estimates which they have given him, they 
may bring in evidence to show the board that their assess¬ 
ment should be lowered, and the board decides what is 
fair. 

The Tax Levy.—When the assessment has been com¬ 
pleted, the data are then available for levying the tax. The 
county tax is levied by the board of county commissioners, 
who meet for this purpose on the second Monday in August. 

Levying the tax is done after estimating the probable 


* Even if some of the property-owners live in other counties or states, 
they are taxed in the county where the property is. 




THE FINANCES OF THE COUNTY 


13 


amount of money which will have to be raised by taxation 
to meet the expenses of the county for the ensuing year. 
Dividing this by the total valuation of taxable property, of 
course, gives the number of mills which must be levied on 
each dollar’s worth of taxable property. It is usual for the 
board to specify the number of mills levied for each pur¬ 
pose.^' 

Apportionment. —When the tax has been levied, the 
county clerk enters against each name in the assessment 
book the amount of the tax to be paid, and notifies each 
taxpayer, by mail, how much his taxes are. 

Collection of Taxes. —The county treasurer is the col¬ 
lector of taxes,* ** and each property owner must pay his 
taxes on or before the thirtieth of November. If the taxes 
are not paid at that time, a penalty equal to ten per cent, 
of the amount of the taxes is added, and interest at the 
rate of one per cent, a month until the taxes are paid. 

Tax Sales. —On a day appointed, in the month of Janu¬ 
ary, the county treasurer sells at public auction all real 
estate upon which the taxes have not been paid, or which 
belongs to persons who have not paid the taxes due on 
their personal property. The property goes to the person 
who offers to take the least part of it in return for paying 
the whole of the tax, penalty and interest due.*** At any 
time after the first Monday in February, if anyone has 
failed to pay the taxes on his personal property, the treas¬ 
urer may seize and sell so much of that personal property 
as may be necessary to get money enough to pay the taxes. 

Inheritance Tax. —Besides the poll and property tax 

* The road tax may be from one to three mills, the poor tax not more 
than two mills. 

** For the convenience of taxpayers, state, city and school district taxes 
are also apportioned by the county clerk and collected by the county treas¬ 
urer at the same time as the county tax. 

*** The owner has three years in which to redeem real estate sold for 


taxes. 







14 


MONTANA CIVICS 


there is also a tax known as the inheritance tax. This tax 
does not yield very much at first in a newly settled state, 
but in course of time it will come to be an important 
source of income. The payment of any tax is apt to be 
regarded as more or less of a hardship, because it is diffi¬ 
cult to arrange a tax which does not to some extent dis¬ 
courage some form of industry. But an inheritance tax is 
probably less open to this objection than any other form 
of tax that has been tried. The fact that a tax will be 
levied on a man's estate when he dies does not check in the 
least his disposition to accumulate a fortune while he is 
alive; and as for the people who receive an inheritance, 
they have reason to be grateful that they get anything at all 
to which they really have no claim, and cannot therefore 
reasonably complain if a small percentage is retained by 
the government. Furthermore, a very great amount of 
personal property escapes all taxation during the lifetime 
of the owner, because of the ease with which it may often 
be concealed from the assessor. An inheritance tax makes 
sure that it will be taxed at least once in each generation. 

There is, however, a great difference between taxing 
widows and young children on the property which the head 
of the family had saved for the express purpose of sup¬ 
porting them after his death, and taxing those who are not 
dependent on the care of the deceased person. The law 
therefore exempts from the inheritance tax estates of less 
than $7,500 when left to the immediate family and descend¬ 
ants of the deceased, and levies only one per cent, on the 
excess over $7,500. But estates left to others are taxed 
five per cent, if they exceed $500.* 

Licenses. —Besides the revenue derived from taxation, 

* Only two-fifths of the inheritance tax goes to the county, and is used ex¬ 
clusively for school purposes, the rest goes to the state. 



THE FINANCES OF THE COUNTY 


15 


the county also exacts a license fee from persons and cor¬ 
porations carrying on a business or profession in the county. 
The amount varies from ten dollars to $1,600 per year, ac¬ 
cording to the character and magnitude of the occupation.* 

Fees and Fines.—The county gets all fees collected by 
the sheriff, the county clerk, the clerk of the district court, 
and the treasurer. Fines, unless the law provides other¬ 
wise, go into the school fund. 

Public Debt.—If it is not possible to obtain, from all 
these sources, enough money to meet the expenses of the 
county, the board of commissioners may borrow money (not 
to exceed an amount equal to five per cent, of the value 
of all the taxable property in the county), issuing bonds 
pledging the payment of the principal and interest. But not 
more than ten thousand dollars can be borrowed for one 
purpose, without the approval of a majority of the voters 
of the county at a special election. Whenever bonds are 
issued, the commissioners must levy, every year, an addi¬ 
tional tax sufficient to pay the interest on the bonds, and to 
provide a fund** for the payment of the principal when it 
becomes due. 

County Expenditures.—The expenditure of county 
money is all under the control of the board of commis¬ 
sioners. No money can be taken from the county treasury 
except to meet some expenditure authorized by the board. 
Whenever a person wishes to get money from the county, 
he must present a bill showing that he has performed ser¬ 
vices or furnished goods ordered by the board.*** If the 
board approve the bill, they order the clerk to draw and 
give to the claimant a warrant on the treasurer for the 

* One-fourth of the amount collected for licenses goes to the state. 

** Such a fund is called a sinking fund. 

*** In counties which have an auditor, this officer must certify to the cor¬ 
rectness of a bill before it can be approved by the board. 







16 


MONTANA CIVICS 


amount due. This warrant is a paper which directs the 
treasurer to pay to the person named the amount indicated, 
and tells him out of what fund to take the money. To 
guard against fraud, the clerk gives the treasurer a list of 
all the warrants he has drawn. 

When a warrant is presented to the treasurer, he pays the 
money, if there is any in the fund indicated. If not, he 
endorses on the warrant, “Not paid for want of funds,” 
and the warrant then bears six per cent, interest till there 
is money in the treasury to pay it. The treasurer keeps 
books which show the facts in regard to all the receipts 
and expenditures, and the condition of the different funds. 


CHAPTER ITT. 


ELECTIONS. 

At the outset of our study it was seen that three things 
are necessary when -people are going to co-operate. We 
have now seen, 1st, how it is decided in a county what shall 
be done, 2d, how the expense is met. It remains to be 
seen, 3d, how the various tasks are assigned to the different 
persons. 

Some of this assigning of tasks is done directly by the 
people of the county. Much of it is also done by the board 
of commissioners. They appoint the road supervisors, the 
road viewers, the county physician, the keeper of the poor 
farm, already mentioned, and the registry agents, and the 
judges and clerks of election yet to be described. Besides 
this, they fill all vacancies which may occur in places for 
which persons are regularly chosen by the people, except 
vacancies in the board itself.* 

The people of the county directly decide to whom shall 
be assigned the tasks of being county clerk, sheriff, treas¬ 
urer, superintendent of schools, surveyor, assessor, public 
administrator, county attorney, clerk of the district court 
auditor, justice of the peace and constable.** They also 
as we have seen, select the county commissioners, who arc 
their representatives, and they select, besides, their repre¬ 
sentatives in the government of the state. This brings us 
to the subject of elections. 

* Vacancies on the board of commissioners are filled by appointments mad< 
by the judge of the district court. 

** School matters are deferred to a later chapter. 

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18 


MONTANA CIVICS 


There are three things especially important about elec¬ 
tions: ist, that only those persons should vote who are 
really voters of the county; 2d, that there should be suit¬ 
able candidates to choose from; and 3d, that the voter 
should have a chance to vote in perfect secrecy, so as to be 
able to make a free choice without fear or compulsion. 

Registration.—To attain the first end we have a system 
of registration. At the June meeting before a general elec¬ 
tion the board of commissioners map out the county into 
convenient districts, and appoint a registry agent for each. 
Every day for two weeks, beginning the fourth Monday 
before a general election, these agents keep their offices 
open, and register the names of all voters in their districts 
who come and ask to be registered.* To be a voter one 
must be a male citizen of the United States,** twenty-one 
years old or more, and a resident of Montana one year and 
of the county thirty days before the time of the election, 
and pardoned if he has ever been convicted of felony; but 
no idiot or insane person can vote. If there is doubt whether 
a person meets all these requirements, he has, during this 
two weeks, opportunity to present his proofs to the registry 
agent and have the question settled. Voters who may have 
been sick or away from home the whole two weeks of 
registration, have a further opportunity to register on the 
second Monday prior to the general election. 

The completed registry list is published, and any voter 
may, up to a week before the election, challenge any name— 
that is, state reasons for believing the person not to be 
qualified to vote. The registry agent then sends to the 

* Except in cities where there are more than a thousand voters, anyone 
who registered in 189S or any subsequent year, need not register again until 
1906, and every eighth year thereafter, unless he moves into another district. 

** Read the first clause of the XIVth amendment to the constitution of 
the United States, to see who are citizens of the United States, and look 
up the subject "Naturalization” in the index of a book on the federal 
government. 




ELECTIONS 


19 




election judges in each precinct the list of registered voters 
of that precinct, noting the names of all who have been 
challenged. 

No one can vote whose name is not in the registry list, 
and those who have been challenged must prove to the 
judges that they have the required qualifications, before 
they can vote. 

Candidates.—The nomination of candidates is a matter 
which requires a good deal of explanation. It is managed 
mainly through political parties. Now, the subject of politi¬ 
cal parties cannot very well be thoroughly explained in a 
book on local and state government, because political parties 
are based almost wholly on differences of opinion about the 
proper policies to be pursued by the government of the 
United States. It is true that in a state election there is 
sometimes a very clear contrast between the courses desired 
by opposing political parties in regard to state matters, but 
as a rule most people vote in state elections and even in 
county elections for people who agree with them in regard 
to national politics. This may seem rather strange, and 
indeed nobody ever has been able to make a thoroughly 
logical explanation of the fact. But it is a fact nevertheless. 

So, even in county elections, as a rule, the voters of 
each political party have their candidates. In Montana 
there are in almost every instance democratic candidates 
and republican candidates, and frequently other candidates 
as well. Sometimes even the members of a party are not 
able to agree, and two factions of the same party have 
separate sets of candidates. Sometimes two parties, neither 
of which has enough voters to carry a county alone, come 
to an agreement whereby one party selects candidates for 
some of the county offices and the other selects candidates 
for the other offices. Then each “ endorses ” the candi- 





20 


MONTANA CIVICS 


dates selected by the other. This is known as “ fusion,"* 
and by combining the votes of two parties, sometimes results 
in candidates being elected who would not have been elected 
if they had been the candidates of only one party. 

Nominations.—To select the candidates, the voters of 
each political party in a county hold a public meeting called 
a caucus, or else those of each precinct meet and select 
delegates, in proportion to their numbers, and these dele¬ 
gates then hold a meeting called a convention. The caucus 
or convention, as the case may be, meets from twenty to 
sixty days before the election, selects candidates, and files 
their names with the county clerk. The caucus or conven¬ 
tion also selects several persons as a “ central committee,” 
who attend to the holding of public meetings and other 
means of persuading people to vote for their candidates, 
and who arrange the time and place for the next conven¬ 
tion. They are usually authorized also to select other candi¬ 
dates to take the place of any who may decline the nomi¬ 
nation.** 

Candidates may also be nominated by petitions signed 
by a number of voters equal to at least five per cent, of 
the number of votes cast for the successful candidate at 
the last preceding election. 

Primary Elections.—While this method of selecting 
candidates by party conventions is the one most commonly 
employed in other states, as well as in Montana, it often fails 
to give satisfaction. Persons who are candidates or who 
have some strong interest in the choice of a certain candi¬ 
date, are sometimes able to influence the delegates to do 
differently from what the persons who elected them wish, 

* In Montana the most numerous instances of fusion have been between the 
democratic and people’s party, (often called the ‘‘populists”) though in some 
counties the republicans have occasionally fused with other parties. 

** This especially necessary in connection with fusion agreements. 
These are often managed by the central committees of the two parties 






ELECTIONS 


21 


with the result that the candidates who are chosen by the 
convention are very unsatisfactory to the voters of the 
party. This has led in some states to the enactment of what 
is known as a primary election law. This provides for 
an election at which each voter should indicate his prefer¬ 
ence among the different persons who might be willing to 
be candidates of his party. Those receiving the most votes 
would then be the candidates. 

Election Officers.—The board of commissioners divides 
the county into a convenient number of election precincts, 
and locates a polling place in each precinct. At their last 
meeting before the election, the board appoints five judges 
for each precinct in which there are a hundred voters, and 
three judges in the smaller precincts. Not more than three 
judges, and in the smaller precincts not more than two, 
may be of the same political party. The judges choose two 
persons to act as clerks. 

After the nominations have been made, the county clerk 
has ballots printed, containing the names of all the candi¬ 
dates. Those of any one party are all printed in the same 
column, with the name of the party at the top. If any 
question is to be submitted to the voters, this question is 
also printed on the ballots. 

The day for election is the Tuesday next after the first 
Monday of November in each even-numbered year. The 
polls are open from eight in the morning to six in the 
evening. 

Voting.—When a voter enters the polling place, one of 
the judges takes a rubber stamp and stamps on the back of 
a ballot the words “ Official Ballot,” together with the name 
of the precinct and county, the date, and the name of the 
county clerk. He then hands this ballot to the voter, who 
takes it to a screened booth and there privately marks X in 






22 


MONTANA CIVICS 


the square at the left of the name of every candidate for 
whom he wishes to vote.* If he wants to vote for a person 
whose name is not printed on the ballot, he may write the 
name and mark X before it. 

The voter then folds the ballot so that the official stamp 
is in sight, but the names concealed. This makes it sure that 
the ballot is the one given him by the judge, but prevents 
anyone from seeing how he has voted. He then hands the 
ballot to the judge and calls out his own name. One of 
the clerks finds the name on the list furnished by the regis¬ 
try agent, and writes “ voted ” against it. The other clerk 
writes the voter’s name in a blank book called the poll book. 
The judge then puts the ballot into the ballot box. 

Canvassing the Votes.—When the polls have been 
closed, the judges proceed immediately, in the presence of 
the bystanders, to count the votes. The clerks then enter 
in the poll books the number of votes cast for each candi¬ 
date, and these books are sent to the county clerk. 

Within ten days after the election, the board of commis¬ 
sioners meet as a board of canvassers,** open the returns 
from all the precincts, ascertain the total number of votes 
cast for each candidate in all the precincts, and declare the 
result. The person receiving a larger number of votes than 
any other candidate for the same office is elected. The 
county clerk immediately makes out and delivers to the 
persons elected certificates of their election. 

The Australian Ballot.—The kind of ballot which is in 
use in Montana and many other states is known as the 
Australian ballot, because something very much like it 
was used in Australia before it was tried in this country. 


* If he is unable to mark liis ballot, he may have the aid of two judges of 
different political parties. 

** In case any of the commissioners are absent, their places are taken 
by the treasurer, the assessor or the sheriff. 




ELECTIONS 


23 


Formerly a ballot contained only the names of the candidates 
of one party. Consequently there were as many kinds of 
ballots as there were parties, and bystanders could easily 
see by watching which kind of a ballot the voter put into 
the box. Then if a voter wished to vote for some candidate 
of another party, he could do so only by scratching out the 
name on his ballot* and writing in the other name, or past¬ 
ing another piece of paper over it. All this was likely to 
be watched by bystanders who were anxious to find out 
how he voted. Then, as the ballots were printed by the 
different candidates, a voter could get hold of as many as 
he wanted, and sometimes managed to slip more than one 
into the ballot box. Now, under the Australian system, the 
ballots, when folded, all look just alike. Furthermore, a 
voter cannot get hold of more than one ballot, for the judge 
in handing the voter a ballot, makes only one impression 
with his rubber stamp, and if any ballots without the im¬ 
pression of the rubber stamp are found in the ballot box, 
the judges throw them out and do not count them. 

Another advantage of the Australian ballot is that it 
helps to call the voter’s attention to the candidates of all 
the parties, since their names are all printed on the ballot. 
This purpose is partly defeated when a circle is printed at 
the top of each column, for a voter to mark and so indicate 
his desire to vote for all the candidates in the column. 
Many voters will then make a mark in the circle over the 
name of their party, without stopping to look over the 
names of the different candidates. Another objection to the 
circle is that it makes the voting less secret; for if people 
notice that a voter is in the marking booth but a second or 
two, they can be sure he voted a “ straight ” ticket, by 

* This shows the origin of the popular expression to “ scratch ” a ticket, 
meaning to vote against some of the candidates of one’s party, in contrast 
to voting a “ straight ” ticket, i. e., one that has not been changed. 






24 


MONTANA CIVICS 


making a mark in the circle, because it would have taken 
him much longer to mark the name of every candidate, 
which he would have had to do if he voted for some per¬ 
sons of other parties. But without the circle, it takes just 
as long to mark a ballot one way as the other. The people 
of Montana tried the ballot with a circle for some years, but 
very wisely decided to dispense with the circle. 

In one respect, however, the ballot used in Montana is 
still inferior to the genuine Australian ballot. The latter, 
instead of having the names arranged in columns according 
to parties, groups together under the name of each office 
the names of all the candidates for that office, arranged in 
alphabetical order and with the party designation after the 
name of each candidate. This makes it still more certain 
that the voter will not overlook any candidate, but will 
really exercise an intelligent choice. Then, too, this 
arrangement does not give an advantage to any particular 
party, as the column arrangement does. 


CHAPTER IV. 


THE OFFICERS OF THE COUNTY. 

Every voter in a county* is eligible to any county office,** 
except that only a lawyer can be county attorney, and no 
person can be county treasurer who has just held that office 
for the two preceding terms. 

County officers serve for two years, except the clerk 
of the district court and the auditor, whose terms are four 
years. Their terms begin on the first Monday of January 
next after their election, except the treasurer, whose term 
begins on the first Monday of March.*** 

Before entering upon the duties of his office every county 
official takes an oath to support the constitutions of the 
United States and Montana, and to discharge the duties of 
his office with fidelity, and declares that he has not violated 
any election law and will not accept any bribe. He also 
files a bond, executed either by friends of his or by an 
indemnity company, to an amount specified by law, in which 
the bondsmen promise to make good any loss which the 
county might suffer by the dishonesty or negligence of the 
official. His bond is subject to the approval of the judge 
of the district court. 

All county officers perform their duties under the direc¬ 
tion of the board of commissioners, to whom they must 

* A woman may be superintendent of schools if she has the other qualifi¬ 
cations of voters except that of sex. 

** An auditor must have resided in the county for two years. 

*** This is in order to enable the treasurer to complete the tax sales, 
described on page 13, before the close of his term. 

( 25 ) 







26 


MONTANA CIVICS 


make their reports,* and who may examine their ac¬ 
counts at any time,** and direct their prosecution for 
any delinquencies that may appear. They must keep their 
offices at the county seat, and the sheriff, county clerk, 
clerk of the district court, treasurer and attorney must 
have their offices open daily at least from 9 a. m. to 5 p. m. 
No county officer may leave the county without the permis¬ 
sion of the board of commissioners, and this permission 
cannot be granted for more than sixty days. 

If there is more work in connection with a county office 
than the person elected or appointed can perform alone, he 
may appoint deputies, whose salaries are determined by the 
board of commissioners. 

The surveyor, coroner, public administrator, justices of 
the peace, and constables are compensated by fees paid by 
those for whom their services are performed. Jurors, wit¬ 
nesses, judges and clerks of election, and registry agents 
are paid in proportion to the work required of them. The 
keeper of the county poor farm and the county physician 
are compensated in accordance with contracts made annu¬ 
ally with the board of commissioners. 

Other county officers receive fixed salaries. Counties are 
classified according to the assessed valuation of taxable 
property, as follows :*** 

Valuation $20,000,000 or over, counties of the 1st class. 

Valuation $15,000,000 to $20,000,000, counties of the 2d class. 

Valuation $10,000,000 to $15,000,000, counties of the 3d class. 


* Many of these reports are published in the newspapers, and form very 
valuable material for illustrative study by a class. 

** The auditor, in counties which have such an officer, examines the 
books and accounts of all the other county officers, and reports thereon at 
every regular meeting of the Board of Commissioners. See also page 03. 

*** Silver Bow county is at present (1903) a county of the 1st class; Cascade, 
Deer Lodge, and Lewis and Clarke, 2d; Chouteau and Missoula, 3d; Flathead, 
Gallatin and Yellowstone, 4th; Custer and Fergus, 5th; Beaverhead, Dawson, 
Jefferson, Madison, Meagher, Park, Rosebud, Teton and Valley, 6th; Broad¬ 
water, Carbon, Granite, Powell, Ravalli and Sweet Grass, 7th. The classifi¬ 
cation of any county is subject to change whenever there is a sufficient 
increase or decrease in the assessed valuation. 



THE OFFICERS OF THE COUNTY 


27 


Valuation $8,000,000 to $10,000,000, counties of the 4th class. 
Valuation $6,000,000 to $8,000,000, counties of the 5th class. 

Valuation $4,000,000 to $6,000,000, counties of the 6th class. 

Valuation $2,000,000 to $4,000,000, counties of the 7th class. 

Valuation under $2,000,000, counties of the 8th class. 

The salaries of the county officers are as follows:* 

CLASSES. 

1st 2d 3d 4th 5th 6th 7 th 8th 

Treasurer.$3,500 $3,000 $3,000 $2,500 $2,500 $2,000 $1,800 $1,500 

Sheriff.4,500 3,500 3,500 2,750 2,750 2,250 2,000 1,800 

Assessor.3,000 2,500 2,250 2,000 1,800 1,500 1,200 1,000 

County Clerk.. 3,500 3,000 2,750 2,500 2,000 2,000 1,800 1,200 

Auditor.2,500 2,000 1,750 

Clerk Dist. Ct. 3,500 3,000 2,750 2,500 2,000 1,800 1,200 1,200 

County Att’y-• 3,000 2,500 2,500 2,000 2,000 1,500 1,200 1,000 

Sup’t Schools.. 2,000 1,500 1,500 1,500 1,500 1,200 800 600 

Any county officer may be removed from office if con¬ 
victed in the district court of misconduct or malfeasance 
in office. 


* The salary of the county attorney is paid one-half by the county and 
one-half by the state. 








CHAPTER V. 


THE GOVERNMENT OF CITIES. 

In taking up the subject of city government, the question 
will naturally arise what need there is for city government. 
All the people in Montana are within the jurisdiction of the 
state government, and of the government of some county 
and of some school district. But only about two-fifths of 
them have anything to do with any city government. Why 
should two-fifths of the people have an additional gov¬ 
ernment which the rest of the people get along without? 

Why City Government is Needed.—Let us recall the 
fundamental feature of all government,' the systematic co¬ 
operation of a whole neighborhood to meet certain needs 
of the inhabitants. We may then note two things about 
thickly-settled communities. In the first place, where peo¬ 
ple live near together, they have many needs which are 
not felt at all by people who live a great ways apart. Chief 
among these needs is the protection against the selfishness 
of one's neighbors. For example, it may make little differ¬ 
ence to a rancher, if the owner of the next ranch builds a 
house so badly or uses it so carelessly that it burns down. 
The loss will fall chiefly upon the owner. If the premises 
are allowed to become filthy, their offensiveness and un¬ 
healthiness are felt mainly by the occupants. If one drives 
at a reckless speed along a country road, the chief danger 
is to himself and his team. But in the streets of a village 
or of a crowded city, the lives of many others are endan¬ 
gered. If the house next door burns down, my own house 

( 28 ) 


THE GOVERNMENT OF CITIES 


20 


will be almost sure to take fire. If garbage is allowed 
to accumulate in a back yard, it becomes unbearable to 
the neighbors. So, wherever a good many people live 
pretty close together, they find it very desirable to combine 
their efforts to prevent careless and selfish people from 
doing great damage. 

But, besides this, there are many needs which are felt 
alike by people living in country or city, but which it costs 
a great deal to provide for. It would be a fine thing for 
the people in the country to have the grounds lighted up at 
night, to have sidewalks to walk on, to have the roads 
sprinkled to keep down the dust. But all these things arc 
so expensive that people can very seldom afford them ex¬ 
cept when a large number of pefsons can combine. Now 
it is when people live near together, that it is easiest for 
them to combine their efforts. 

So people who live near together have greater need of 
co-operation, and it is also easier for them to do many things 
by co-operating than for people living far apart. 

Organizing Cities.—Now when people who live near 
together wish to combine their efforts, or, in other words, 
to establish city government, the law of Montana prescribes 
just how this may be done. A petition is drawn up, with 
a map of the proposed city, its name, a description of its 
limits and of the several wards into which it is to be 
divided. When this has been signed by at least ioo voters 
residing within the limits of the proposed city, it is pre¬ 
sented to the county commissioners. Two things are to 
be ascertained: 1st, whether there are people enough, living 
near enough together to make it practicable for them to 
co-operate in this way. According to the law, there must be 
at least 300 persons, and they must live near enough to¬ 
gether so that the ratio of area to population is not more 




30 


MONTANA CIVICS 


than one square mile to 500 inhabitants; 2d, it must be 
ascertained whether the people generally wish a city gov¬ 
ernment. To determine the first, the board of commis¬ 
sioners appoint some one to take a census of the proposed 
city. If this proves satisfactory, the commissioners ar¬ 
range to hold an election at which the voters of the pro¬ 
posed city vote “ yes ” or “ no ” on the question whether 
they wish to have a city government. If a majority vote 
“ no,” nothing comes of it, but if a majority vote “ yes,” 
the commissioners appoint a time for electing city officers. 

Additions.—If, at a later time, owners of land adjoin¬ 
ing a city wish it added to the city, they may present to the 
mayor a plat of the proposed additions, and offer to donate 
to the city the land to be occupied by streets and alleys. 
If the mayor and a majority of the council approve, the 
proposed addition becomes a part of the city. 

On the other hand, when the inhabitants of a city desire 
its limits extended, the question is submitted to a vote, and 
if a majority of the voters favor the addition, the question 
is then submitted to the voters residing in the proposed addi¬ 
tion. If a majority of these also vote in favor of annexa¬ 
tion, the limits of the city are extended accordingly. 

Classification.—Large cities need more officers than 
smaller ones, and some other differences are found to be 
desirable in their governments. Consequently the law 
groups cities into four classes. Those having more than 
10,000 inhabitants are known as cities of the first class, 
those whose population is between 5,000 and 10,000 are 
called cities of the second class, those with from 1,000 to 
5,000 inhabitants, cities of the third class, and those whose 
population is between 300 and 1,000 are called towns. 

City Council.—City government is chiefly representa- 


THE GOVERNMENT OF CITIES 


31 


tive.* The representative body is called a council, and is 
composed of aldermen. Cities are divided into districts 
called wards,** and the voters of each ward choose two 
aldermen. To be eligible as alderman, one must be a 
qualified elector and tax-paying freeholder within the city, 
and a resident of the city at least two years, and of the 
ward in which he is elected at least one year. The aldermen 
serve two years, the term of one from each ward expiring 
each year. 

The matters with which city governments have to deal 
are very different from those that engage the attention of 
the national government. To prevent the affairs of the 
city from becoming mixed up with questions of national 
politics, the city election is held at a different time from 
the general election, and the time fixed is the first Mon¬ 
day in April. 

City Election.—At the city election, all qualified voters 
of the state may vote who have resided in the city six 
months and in any ward thirty days. The city election 
is conducted in substantially the same manner as the gen¬ 
eral election,*** except that the arrangements are made by 
the city council instead of the county commissioners. Regis¬ 
tration of voters is required before every city election. 

Candidates for city offices are usually nominated by con¬ 
ventions, in the same manner as m county matters. Some¬ 
times these are conventions of political parties, but often, 
especially in the smaller cities, there is a general caucus 
attended by pretty much all the voters of the city. When 
nominations are made by such a caucus, the regular elec- 

* Voters share directly in city government in deciding on bond-issues and 
additions to the city, and in electing officers. 

• # Cities of the first class have from four to eight wards, those of the 
second class from three to six, those of the third class from two to four, 
and towns two or three. 

*** See Chapter III. 






32 


MONTANA CIVICS 


tion amounts only to a formal ratification of the work of 
the caucus. 

In alternate years a mayor is also chosen at the city 
election. . • ; * 

The terms of all persons elecfed at a city election begin 
on the first Monday of the next May, and last two years. 

The Mayor.—The mayor presides at meetings of the 
council, and in case of a tie, he has the deciding vote. 
He may also disapprove the whole or any part of a reso¬ 
lution or ordinance passed by the council. If he does 
this, the measure will not go into effect unless the council 
passes it again by a two-thirds vote. 

Power of the Council.—A majority of the aldermen 
constitute a quorum of the council. The council makes 
rules for its own proceedings, and has power to compel 
the attendance of members. It may punish them for im¬ 
proper conduct, and, by a two-thirds vote, expel a member. 
It may fill vacancies in its own number, and in any elective 
office. It chooses one of its own members as president, to 
take the place of the mayor in his absence. 

In an introductory paragraph it was shown that the object 
of city government is to enable the people of a city to 
meet those needs which can best be met by combined effort. 
What these things are will differ in different cities, depend¬ 
ing partly on the size, age and wealth of the city, and 
partly on a great variety of local conditions. What these 
needs are in any particular city can be learned by studying 
the city ordinances,* and the proceedings of the city council. 
These are usually printed from time to time in some news¬ 
paper in the city. A great aid to this study is a scrap-book 

* Ordinance is a name usually applied to a law passed by a city council. 
Cities generally provide for a number of printed copies of their ordinances, 
and a reasonable supply for a school may sometimes be obtained by the 
courtesy of city officials. 



THE GOVERNMENT OF CITIES 


33 


in which are pasted the newspaper clippings containing 
the proceedings of the city council, and the new ordinances 
adopted, for a series of months, or, if possible, for several 
years. 

Taking such a scrap-book, and a book of ordinances, it 
is a useful exercise for a class to spend some time in an 
attempt to classify the different matters of business which 
have engaged the attention of the city council. In Mon¬ 
tana cities it will probably be found that these matters can 
all be classified under some one of the following heads :* 
(i) Control of the streets and alleys, opening or closing 
them, providing improvements, cleaning and lighting, regu¬ 
lating their use and preventing their obstruction; (2) pro- 
1 tection of the public health; (3) control of markets, with 
the inspection and measurement of products; (4) suppres¬ 
sion of fires, restriction of dangerous occupations, and regu¬ 
lating of building; (5) preservation of peace and suppres¬ 
sion of whatever is offensive to public morals; (6) regu¬ 
lation of the keeping of animals, and prevention of cruelty; 
(7) control of certain licensed occupations, with a view to 
preventing fraud and other evil practices; (8) supplying 
water and light; (9) maintaining a public library. 

These are some of the things which experience has shown 
the people they can profitably manage through city govern¬ 
ment. But other things may be undertaken whenever the 
people of a city find them to be of advantage. Only the 
i city government must not do anything that would conflict 
with the constitution of the United States or with the consti¬ 
tution or the laws of the state. This is only another wav of 
saying, 1st, that the city government can control only such 
matters as directly affect only the city itself. For example, 

* This classification is intended only to be suggestive. Pupils may make 
another equally good or better. Not every city will be found to have taken 
action on all these matters. 







34 


MONTANA CIVICS 


a city cannot coin money, or levy duties on imports, be¬ 
cause these things would affect everybody in other parts of 
the country who does business with the people of the city. 
2d, it is not very often that all the people of a city are 
perfectly agreed on all the enterprises that may be under¬ 
taken. The only way that many things can be done, is by 
a considerable number of persons yielding to the wishes of 
the majority. But there is great danger that serious injus¬ 
tice may be done in this way. It is hardly likely nowadays 
that three-fourths of the inhabitants of any region in this 
country would make actual slaves of the other one-fourth, 
though this very thing has happened in. the past. There 
might, however, be danger that some of the people, specially 
impressed with the benefit to be derived from certain pub¬ 
lic enterprises, might take advantage of their power to 
compel others to contribute, to such an extent as to impov¬ 
erish them. Hence the law places restrictions on the power 
of city governments in this respect. For it must be remem¬ 
bered that some public enterprises might benefit chiefly 
a part of the population. But all are obliged to share the 
cost. This is especially true when a city incurs a debt to 
be paid at a distant time. Those who have to pay the 
greater share of the debt may have no voice in the matter, 
and very little of the benefit. This leads us to the consider¬ 
ation of city finance. 

City Finance.—The council has power to levy taxes on 
all the polls and all the taxable property in the city, and 
to raise money by the sale of licenses. Income is also 
derived from fines paid by persons guilty of violating city 
ordinances. But the charge for a license must not exceed 
the sum prescribed by the state law. The poll-tax must 
not exceed $3 per capita. The property tax for general 


THE GOVERNMENT OF CITIES 


35 


purposes must not exceed one per cent, of the assessed 
valuation of taxable property in the city. 

But a special tax of one mill may be levied to support a 
library. Whenever a debt is incurred, additional taxes 
must be levied to pay the interest, and to establish a sink¬ 
ing fund for paying the principal of the bonds. Certain 
public improvements may also be made, and the expense 
met by a “ special assessment ” against the owners of 
abutting property. For the erection of public buildings, 
construction of sewers, bridges, water-works or lighting 
plants, or the purchase of fire-apparatus, the council may 
incur a debt, if the plan is approved by a vote of the tax¬ 
payers. But the total indebtedness must never exceed three 
per cent, of the assessed valuation of taxable property, 
! except diat an additional debt, not exceeding ten per cent. 

of the valuation, may be incurred to construct a sewerage 
j system or procure a water supply. 

Duties of the Mayor.—The mayor must cause the city 
ordinances to be executed, and may call upon citizens and 
militia to assist him in enforcing laws and preventing or 
! extinguishing fires. For enforcing health and quarantine 
regulations, he has such power as may be vested in him by 
the ordinances, over places within five miles of the city 
limits. He communicates to the council statements of 
affairs, makes recommendations, and causes to be presented, 
once in three months, a full statement of the financial con¬ 
dition of the city. He may call special meetings of the 
council. He may also grant pardons and remit fines and 
forfeitures for offenses against city ordinances. He super¬ 
vises the discharge of official duties by all subordinate 
officers, and may require of them an exhibit of their books 
and papers. In towns all the officers are nominated and, 
with the consent of the council, appointed by the mayor. 









36 


MONTANA CIVICS 


They may also be suspended and, with the consent of the 
council, removed by him. The same is true in cities of 
the first three classes, except that the treasurer and police 
judge are elected by the voters at the same time as the 
mayor. 

Other Officers.—The other officers are, in towns, a 
treasurer, a clerk, who is ex-officio assessor, and a marshal, 
who is ex-officio street commissioner. In cities there are an 
attorney, a chief of police, and a clerk who, in second and 
third class cities, is ex-officio assessor. First class cities 
have, besides these officers, an assessor, a street commis¬ 
sioner, a jailor, a surveyor and, if there is a paid fire de¬ 
partment, a chief and assistant engineer. Wherever there 
is a public library, the trustees are appointed by the mayor 
with the consent of the council. 

The clerk must record the proceedings of the council, 
sign ordinances, resolutions and contracts adopted, and 
licenses and commissions granted by the council, cause the 
ordinances to be published, keep a record of warrants issued, 
preserve all records and papers belonging to the city, and 
make copies of them when required, give notice of elections, 
and notify persons of their election or appointment. 

The attorney must be a person who is licensed to prac¬ 
tice law in the state. He holds his office *for two years. It 
is his business to attend the police court and other courts, 
and prosecute on behalf of the city, to defend all suits in 
which the city is interested, to give legal advice to the 
mayor and council, and draw for the council any contract, 
resolution or ordinance. 

The treasurer must receive moneys that come to the city, 
and pay them out on the warrant of the mayor, keep the 
accounts of the city, and present a monthly financial report 
to the council. 


THE GOVERNMENT OF CITIES 


37 

The duties of the other city and town officers are pre¬ 
scribed by ordinance, and the council may add to the duties 
of these officers, and may consolidate one office with an¬ 
other. 

The council fixes the salaries of all city officers, but 
within limits prescribed by law. In towns the mayor and 
aldermen receive no salary. 

Problems of City Government.—The greatest difficul¬ 
ties in connection with government in this country have 
been encountered in the government of cities. The prin¬ 
cipal causes of bad city government have been, 1st, favor¬ 
itism in appointments, especially on the police force; 2d, 
the very general practice of granting public franchises to 
private corporations, and 3d, the contract system on public 
works. 

As most cities in Montana are so small that all the people 
know each other pretty well, there is a good deal of neigh¬ 
bor spirit, and less chance for some of these evils to become 
very aggravated than in larger cities. The small size of 
the cities also gives little occasion for very costly public 
works in connection with which there is strong temptation 
to corruption, and very few franchises of great value have 
been granted to private corporations.* 

As a further safeguard, the Eighth Legislative Assembly 
enacted a law which forbids city councils to grant any fran¬ 
chises whatever until the proposed franchise has been ap¬ 
proved by a majority vote of the resident freeholders of 
the city at a special election. 

* Street-car companies hold public franchises in Butte, Great Falls, Helena, 
Anaconda and Bozeman. None of these franchises is of great value. 
Private corporations maintain water-works in Butte, Helena, Anaconda, Mis¬ 
soula and Kalispell. But the cities of Great Falls, Bozeman, Lewistown, 
Miles City, White Sulphur Springs, Red Lodge, Philipsburg and Fort Ben¬ 
ton operate their own water-works, and Helena, Dillon and Chinook are 
making movements in the same direction. Miles City operates an electric 
light plant, but other cities have granted light franchises to private corpora¬ 
tions. Private companies operate gas plants in Butte and Helena. 







CHAPTER VI. 


THE STATE. 

We have seen how people have found it desirable to unite 
in comparatively small groups to attain some objects, in 
larger groups to attain others. We now come to a group 
larger yet, and in many respects the most important in our 
whole political system —The State. 

Importance of the State.—There are a great many ends 
which people accomplish through the state—far more than 
are accomplished by the local governments on the one 
hand, or by the national government on the other. If we 
should undertake to enumerate all the different things 
which people do by joining their efforts together in this 
unit, even a brief explanation would fill the whole of a 
little book like this. And even if we should make such a 
list to-day, it would be very likely to be incomplete next 
year. For changes are frequently made, as the result of 
experience or for purposes of experiment, and for reasons 
which will presently be explained, plans for co-operating 
can be more easily changed in the case of the state than 
with any other political units. 

But while we cannot undertake here a complete list of all 
that the state does, the following quotation from a famous 
book on political science may help us to realize how vast 
is the importance of the state: 

“ All the civil and religious rights of our citizens depend 
upon state legislation; the education of the people is in 
the care of the states; with them rests the regulation of 

(38) 



THE STATE 


39 


the suffrage; they prescribe the rules of marriage, and the 
legal relations of husband and wife, of parent and child; 
they determine the powers of masters over servants and 
the whole law of principal and agent, which is so vital 
a matter in all business transactions; they regulate partner¬ 
ship, debt and credit, and insurance; they constitute all 
corporations, both private and municipal, except such as 
specially fulfil the financial or other specific functions of the 
federal government; they control the possession, distribu¬ 
tion and use of property, the exercise of trades, and all 
contract relations; and they formulate and administer all 
criminal law, except only that which concerns crimes com¬ 
mitted against the United States, on the high seas, or 
against the law of nations/’ * 

Contrast with County Government.—It is through the 
co-operation of the people of the whole state that the ar¬ 
rangements about county and city government, which we 
have already studied, have been made. Likewise it is only 
through the co-operation of the people of the whole state 
that any change in these arrangements can be made. 

Suppose, for example, that the people of some county 
should think two years too long a time for a county treas¬ 
urer to serve. They would be powerless to make a change 
by themselves. Only as the people of the whole state 
agreed to it could any change be made in the form of 
county government. The counties themselves are only sub¬ 
divisions of the state, and are arranged to suit the wishes 
of the people of the whole state. They may at any time 
form new counties by cutting existing counties in two, or 
by cutting off parts from several adjacent counties, and 
joining these parts to form a new county.** The state may 

•Wilson: The State, 2d edition, page 473. 

** When the state of Montana was organized in 1889, it comprised only 
sixteen counties, viz.: Beaverhead, Cascade, Chouteau, Custer, Dawson, Deer 
Lodge, Fergus, Gallatin, Jefferson, Lewis and Clarke, Madison, Meagher, Mis¬ 
soula, Park, Silver Bow and Yellowstone. In 1893 Flathead and Ravalli 
counties were formed from parts of Missoula county. Granite from part of 
Deer Lodge, Teton from part of Chouteau, and Valley from part of Dawson. 






40 


MONTANA CIVICS 


also change the boundaries of counties by cutting any por¬ 
tion off one county and adding it on to another.* * 

Contrast with City Government.—Similarly the whole 
matter of city government is under the control of the state. 
The arrangements for city government which we have been 
studying may be changed at any time by the people of the 
state, even though the people of any city might be opposed 
to the change. 

At present it is not the policy of the state to create new 
cities or change the boundaries of old ones, but to leave 
these changes to the people of each city, under regulations 
prescribed by the state. But a different policy might be 
adopted if the people of the state preferred. In many states 
each city has a special charter,** framed by the state legis¬ 
lature expressly for that city. There are one or two cities 
in Montana still governed under special charters granted 
by the old territorial legislature of Montana. But the grow¬ 
ing practice is for the state to enact a general law on the 
subject of city government, applicable to all cities in the 
state.*** 

State Sovereignty.—Now in regard to state govern¬ 
ment all this is very different. The state of Montana was 
originally organized under the direction of the Congress 
of the United States, but now that the state has actually 
been established, there is no power outside of Montana 


In 1895 parts of Yellowstone, Park and Meagher counties were taken to form 
Carbon and Sweet Grass counties. In 1897 Broadwater was formed from 
parts of Jefferson and Meagher counties. In 1901 Powell county was formed 
by dividing Deer Lodge, and Rosebud by dividing Custer. 

* In 1897 a part of Meagher county was annexed to Lewis and Clarke and 
another part to Cascade county. In 1899 a part of Deer Lodge county was 
annexed to Flathead and another part to Lewis and Clarke county. In 1903 
a part of Silver Bow county was annexed to Deer Lodge, a part of Lewis 
and Clarke to Powell county, and a part of Chouteau to Cascade county. 

** A charter is a document in which the sovereign power grants rights or 
privileges. It therefore differs from a constitution, which emanates from 
tne people concerned, and not from some higher power. 

*** Part IV, Title III, of the Political Code of Montana is a general 
charter for all cities in the state. 




THE STATE 


41 


which can divide the state or alter its boundaries, or make 
any change in its government.* This is what is meant 
when people talk about the “ sovereignty ” of the state. 

Limitations on the State.—There are, it is true, cer¬ 
tain limitations on the power of a state. They may be 
summed up in a few words by saying that a state may 
not do anything in conflict with the constitution of the 
United States. Three sorts of things are forbidden to a 
state: ist, control of foreign affairs and of relations with 
other states. It would obviously be impracticable for any 
one state alone to control these matters; 2d, the control of 
certain matters which it is very desirable to have uniform 
throughout the country, and which would probably be 
very diverse if each state managed them independently. 
Therefore a state is forbidden to coin money, emit bills of 
credit, make anything but gold and silver legal tender, or 
pass any law impairing the obligation of contracts. These 
two classes of affairs—foreign and interstate relations, and 
matters which must be uniform throughout the country— 
are under the exclusive control of the Congress of the 
United States. But there is a third class of things which 
are forbidden to the states because they are deemed sub¬ 
versive of liberty, and they are of course forbidden to 
Congress also. These are, to have any other than a repub¬ 
lican form of government, to pass any bill of attainder or 
cx post facto law, to permit slavery, to deprive any person 
of life, liberty or property without due process of law, to 
deny to any person within its jurisdiction the equal protec¬ 
tion of the laws, or to prohibit any citizen of the United 

* Theoretically such a change might be made (through an amendment to 
the constitution of the United States) by the concurrent action of two- 
thirds of both houses of Congress and three-fourths of all the states. But 
as it has never been found possible to adopt an amendment affecting the 
powers of states except through civil war. this theoretical possibility need 
be no more than barely mentioned in an elementary treatise. 





42 


MONTANA CIVICS 


States from voting because of his race, color or previous 
condition of servitude. 

While it takes some space to enumerate all these restric¬ 
tions, still it is evident on a little reflection, that in spite 
of these restrictions, a state is almost entirely free to man¬ 
age its own internal affairs in accordance with the wishes 
of its own citizens. 

The State of Montana.—Montana, except the portion 
west of the main range of the Rocky Mountains, was in¬ 
cluded in the Louisiana Purchase, obtained by President 
Jefferson from France in 1803. The western portion of 
Montana was included in the “ Oregon country,” acquired 
by the United States through occupation and settlement. 
Both portions were united by Act of Congress of May 26, 
1864, establishing Montana Territory.* 

When Montana had had a separate territorial govern¬ 
ment for a quarter of a century, Congress passed an act, 
Feb. 22 d, 1889, commonly known as the “ Enabling Act,” 
to enable the people of Montana to form a constitution** 
and state government and to be admitted to the union on 
an equal footing with the original states. 

The Enabling Act.—This act provided for an election 
to be held May 14th, 1889, in all the counties of Montana, 
to select delegates to a constitutional convention. This 


The District of Louisiana was established by Congress, March 26, 
1804, embracing all the Louisiana Purchase outside the present state of 
Louisiana. The name was changed to the Territory of Louisiana the following 
year, and to Missouri Territory in 1812. The northern part of this was 
organized as Nebraska Territory in 1854, and the northern part of this 
in turn set off as Dakota Territory in 1861. 

Oregon Territory was organized in 1848, and divided by the creation of 
Washington Territory in 1853. Idaho Territory, which was formed in 1863 
from parts of Washington and Dakota Territories, comprised the whole of 
Montana. It was by the division of Idaho in 1S64 that Montana Territory 
was formed. 

** A constitution is a document in which the people of a state set forth 
the plan to which their government is to conform. While the constitution 
provides how laws shall be made to carry out all the details of government, 
it does not itself contain nearly all these details. One cannot get anv 
adequate idea of local government in Montana from a mere study of the 
constitution. 



THE STATE 


43 


convention met at Helena, July 4th, 1889, and remained in 
session six weeks, forming a constitution.* An election 
was held Oct. 1st, 1889, at which the people of Montana 
were to decide whether to adopt this constitution, and select 
persons who would be state officers in case the constitution 
should be adopted. As the constitution was adopted, the 
president of the United States issued a proclamation, Nov. 
8th, 1889, declaring Montana admitted to the union, and 
the state government went into operation on that day.** 

The State Government.—Like the county and city 
governments, the government of the state is chiefly repre¬ 
sentative. But just as in the county and city governments, 
so in the state government also the people participate di¬ 
rectly in several important particulars. 

In the first place, the people themselves select all the 
judicial officers and the principal executive officers of the 
state. 

Second, the people decide on proposed amendments to the 
constitution. Amendments may be proposed by a two-thirds 
vote of both branches of the legislative assembly. Or two- 
thirds of both branches may propose the holding of a 
constitutional convention; if this proposal is ratified by a 
vote of the people, they choose representatives to such 
a convention, and this convention proposes amendments. 
But in either case, the amendments do not take effect 
unless ratified by a vote of the people. The convention plan 
is the one which would be taken if a general revision of the 
constitution were necessary; the other plan is usual when 

* This constitution is printed in full, pages 91 and the following. 

** In order to prevent confusion in the change from territorial to state 
government this constitution provided that all territorial laws remain in force 
in the state until repealed, that cases pending in the territorial courts should 
he continued to settlement in the state courts, and that all obligations of 
the territory of Montana should be binding upon the state. See App., Art. 
XX, pp. 139 fT. 





44 


MONTANA CIVICS 


only two or three sections of the constitution need to be 
amended.* 

Third, the state cannot go into debt beyond $100,000, 
except in case of war to repel invasion or suppress insur¬ 
rection, nor levy a tax exceeding the rate mentioned in the 
chapter on state finance,** nor move the capital, unless a 
majority of the voters favor the proposition. To change 
the capital requires a two-thirds vote. 


* Cp to the present time (1903) only two amendments have been made 
to the constitution—one in regard to the supreme court, proposed by the 
Sixth Legislative Assembly, and ratified at the general election in 1900 
(see page 114), and one in regard to the terms of county commissioners. 
This was proposed by the Seventh Legislative Assembly, and adopted at the 
general election in 1902 (see page 135). The Eighth Legislative Assembly 
has proposed an amendment, adding three sections to Article XVIII, pro¬ 
hibiting the employment of children under sixteen years of age in mines, 
and making eight hours a day’s labor on public works, and in mills, smelters 
and mines. This amendment will be submitted to a vote of the people 
at the general election in November, 1904. 

-** p a g e go 



CHAPTER VII. 


MAKING THE LAWS. 


While, as we have just seen, there are some matters 
which the people settle for themselves, the state govern¬ 
ment is mostly representative. 

The Legislative Assembly.—The representative body 
is called the legislative assembly. It consists of two 
branches, known as the senate and the house of representa¬ 
tives. The senate is composed of one senator from each 
county; the house of representatives is made up of a num¬ 
ber of representatives from each county, proportional to the 
population of the county. The present number of senators 
is of course twenty-six, but would be increased whenever 
a new county should be organized. The present number 
of representatives is seventy-two.* This number may be 
increased or diminished at any time by the legislative assem¬ 
bly. It is usual to reapportion the representatives after a 
decennial census.** 

At the general election already described*** the voters in 
each county elect one senator and as many representatives 
as the county is entitled to.**** 


* Silver Bow county elects twelve representatives, Lewis and Clarke seven. 
Deer Lodge six, Cascade five, Missoula four, Flathead, Gallatin, Jefferson 
and Madison each three, Beaverhead, Broadwater, Chouteau, Custer, rergus, 
Granite. Meagher, Park and Ravalli each two, Carbon, Dawson, Powell, 
Rosebud, Sweet Grass, Teton, Valley and Yellowstone each one. 

** No reapportionment has been made, however, since the census of 1900, 
but the apportionment based on the census of 1890 still remains in effect 
except as additional representatives have been assigned to new counties 
whenever these have been created. 

*** Chapter III. 

• *** When a vacancy occurs, the governor of the state calls a special 
election in the county concerned to fill the vacancy. 

(45) 




46 


MONTANA CIVICS 


Representatives must be at least twenty-one and senators 
twenty-four years of age, and both must be citizens of the 
United States and residents of their respective counties at 
least one year. No member of Congress and no state or 
federal office-holder can be a member of the legislative 
assembly. The senators’ terms are four years and the 
representatives’ two years. The senators are not all elected 
at the same time. The intention of the constitution is that 
one-half shall be elected at one general election and the 
other half at the next. But by reason of a neglect of duty 
on the part of the legislative assembly, it has come about 
that ten are chosen at one election and sixteen at the other.* 

The regular session** of the legislative assembly begins 
on the first Monday of January in each odd-numbered year, 
and lasts not more Mian sixty days. Special sessions may 
be held at any time on the call of the governor of the state, 
but only to consider subjects specified in the governor’s 
proclamation.*** 

Organization.—The lieutenant-governor of the state 
presides in the senate, but to serve in his absence the 
senate selects one of its own members as president pro 
tempore. The house of representatives chooses one of its 
own members as speaker and another as speaker pro tem¬ 
pore. Each house chooses all its other officers.**** 

Each house also determines the rules for its own pro- 


* Broadwater, Cascade, Chouteau, Fergus, Flathead, Granite, Jefferson, 
Madison, Missoula, Powell, Ravalli, Rosebud, Silver Bow, Teton, Valley and 
Yellowstone counties elected senators in 1902, and will elect, again in 1900. 
Beaverhead, Carbon, Custer, Dawson, Deer Lodge, Gallatin, Lewis and Clarke, 
Meagher, Park and Sweet Grass counties elected senators in 1900, and will 
elect again in 1904. 

** These sessions are distinguished by numbers. For instance, the session 
held from Jan. 5th to March 5th, 1903, is known as the Eighth Session. 

*** Only one special session has ever been held in Montana—that of May 
26, 1903, called to consider an appropriation for a state exhibit at the 
World’s Fair in St. Louis, and to provide for the care of the capitol grounds. 

**** These are, for each house, a secretary, assistant secretary, journal clerk, 
sergeant-at-arms, assistant sergeant-at-arms, enrolling clerk, door keeper, 
janitor, day watchman, night watchman, chaplain, and as many committee 
clerks and pages as may be required. 



MAKING THE LAWS 


47 


cedure, but can do business only when a majority of the 
members are present, and neither house without the con¬ 
sent of the other can adjourn for more than three days, 
nor to any other place than that in which the two houses 
are sitting. Each house has the power to punish its own 
members, and even, by a two-thirds vote, expel a member. 
The sessions of each house and of the committees of the 
whole are open to the public unless the business is such 
as requires secrecy. Each house keeps a journal of its 
own proceedings, and after the close of the session this 
journal is printed.* 

The compensation of members of the legislative assembly 
is six dollars for each day’s session, and twenty cents for 
each mile traveled in going to the capital at the opening of 
the session and returning home at its close. The compen¬ 
sation may be changed by law at any session of the legis¬ 
lative assembly, but no increase can take effect till after 
the close of the terms of the members of the legislative 
assembly by which the change is made. 

Power of the Assembly.—While the legislative assem¬ 
bly is the representative of the people, the people have 
not authorized this body to do whatever they may think 
best in regard to all matters that are under the control of 
the state. We noticed in the last chapter that certain mat¬ 
ters require the concurrence of the voters before going into 
effect. But besides these the constitution, especially in 
Article III,** known as the “ Declaration of Rights,” places 
limitations on the power of the legislative assembly, de¬ 
signed mainly to secure to the people of the state religious, 
political and civil liberty, freedom of speech and of the 

* Every school should have a copy of the Senate and House Journals 
of at least one session, for reference and illustrative study in connection 
with this chapter. A copy can usually be secured from some one who has been 
a member of the legislative assembly. 

** See pages 92 ff. 






48 


MONTANA CIVICS 


press, speedy justice and impartial jury trial. The legis¬ 
lative assembly is also forbidden to pass any local or special 
laws in a large number of cases, and in all instances where 
a general law can be made applicable; no appropriation 
can be made in behalf of any private institution, nor can 
the public credit be used to construct railroads for private 
corporations. 

Committees.—In order that any measure proposed in 
the legislative assembly may receive careful consideration, 
the presiding officer of each house appoints from the mem¬ 
bers of his house a number of standing committees, covering 
the different subjects likely to come before the house,* 
such as the committee on education, the committee on 
mines and mining, the committee on fish and game, etc. 

How Laws are Made.—When a bill** is introduced in 
either house,*** the clerk reads its title, then reads the bill 
in full, and the presiding officer assigns it to the proper 
standing committee.**** Each day, when the houses have 
adjourned, the committees to which bills have been assigned 
hold meetings at which they talk over the bills, and private 
citizens who are specially interested are usually given an 
opportunity to present their objections to the bill or their 
reasons for wishing it to be adopted. The committee then 
reports the bill back to their house with the recommendation 
that the bill do pass, or that the bill be rejected, or that the 
bill pass with amendments (which they have embodied in 


* In the Eighth Legislative Assembly the senate had twenty-six standing 

committees, the house thirty-three. 

** A proposed law is known as a “ bill.” If a bill becomes a law it is 
then called an “ act.” Every bill as it is introduced is numbered consecu¬ 
tively, and is thenceforth known as “ House Bill No. . . ” or “ Senate Bill 

No. ...” as the case may be. 

*** Bills for raising revenue must originate in the house of representatives, 
but other bills may originate in either house. 

**** If a very important matter somewhat out of the usual line comes up, 
a special committee is sometimes appointed, on vote of the house, to consider 
ana report on that one matter. Such a committee is discharged as soon 

as the particular matter has been settled, unlike the “ standing ” committees, 
which continue throughout the session. 



MAKING THE LAWS 


49 


the bill), or they may bring in a somewhat different bill 
which they recommend as a substitute. 

If the report of the committee is favorable, the bill is 
then given to the printing committee,* who sees to the 
printing of several hundred copies and distributing them 
to all the members of both houses. 

When a bill has been printed, it is considered in “ com¬ 
mittee of the whole/’ This consists of all the members 
of the house, but the presiding officer calls upon some 
other member to preside, and the rules allow more freedom 
of debate than in the more formal meetings. The bill is 
read section by section by the clerk, and amendments may 
be offered by any member. At any time during the pro¬ 
ceedings a member may move to strike out the enacting 
clause,** and if this motion is carried, it amounts to a 
final rejection of the bill. Otherwise, when the discussion 
is over, it is usual to move that when the committee rise 
it report to the house (or senate, as the case may be,) that 
it has considered this bill, and recommends that it do pass 
(with amendments if any amendments have been adopted 
in the committee of the whole). 

The bill is then sent to the engrossing committee, who 
have a copy, containing any amendments which may have 
been made in the committee of the whole, carefully type¬ 
written. When this has been done, the engrossing com¬ 
mittee brings in the bill, the clerk reads it for the third time, 
and then reads the history of the bill.*** The presiding 

* The house may order the bill printed even if the committee report is 
unfavorable. . . .. , 

** The enacting clause is “ Re it enacted by the Legislative Assembly ot 
the State of Montana.” Thi9 immediately follows the title of the bill. 

T he history of the bill consists of a series of memoranda entered on 
the back at each stage of its progress; as, for example, “ Introduced by 
Smith, and read 1st and 2d times, and referred to Committee on Irrigation 
:.nd Water Rights, Jan. 7th. Reported favorably and ordered printed, Jan. 
14th. Reported correctly printed, and placed on general orders, Jan. 19tn. 
Considered in Committee of the Whole and reported favorably with amend¬ 
ments,* Jan. 21st. Reported correctly engrossed, and placed on general hie, 
Jan. 24th,” etc. 






50 


MONTANA CTVICS 


officer then puts the question, “ Shall the bill pass? ” Upon 
this question the clerk calls the roll in alphabetical order, 
and every member responds “ aye ” or “ no ” to his name, 
and the ayes and noes are entered on the journal. If a 
majority vote aye, the engrossed copy of the bill is then 
taken to the other house, and goes through just the same 
course there, except that it is not printed or engrossed 
again. 

If the bill is amended in the other house, it is then sent 
back to the house in which it originated, and the question 
is immediately put of concurring in the amendments. If 
the first house does not agree to the amendments, it is usual 
to refer the matter to a “ conference committee ” of the 
two houses, who try to bring about an agreement. If the 
two houses do not come to an agreement about the amend¬ 
ments, the bill fails. 

If the two houses agree, the bill goes to the enrollment 
committee of the house in which it originated, who attend 
to having it “ enrolled ”—that is, carefully copied with pen 
and ink on specially durable paper. This copy is signed by 
the presiding officer of each house in open session. 

The enrolled bill is now taken to the governor of the 
state. If it meets his approval, he signs it. If not, he 
sends it back, with a written statement of his objections, 
to the house in which it originated. This is called “ veto¬ 
ing ” the bill.* The governor’s message is read in the 
house and entered on its journal. The roll is then called 
on the question, “ Shall the bill pass notwithstanding the 
governor’s objections?” If two-thirds vote aye, the bill 
goes through the same process in the other house. If it 
also received a two-thirds vote there, it is said to be passed 
over the governor’s veto. 

* In a bill appropriating sums of money to different purposes, the gov¬ 
ernor may veto some items while approving others. 



MAKING THE LAWS 


51 


If the governor fails either to approve or veto a bill for 
five days (Sundays excepted), it becomes a law. But bills 
which are still in the governor’s hands when the legislative 
assembly adjourns at the end of the session may be kept 
by him for consideration fifteen days after the adjournment, 
and no such bill can become a law without his approval. 

How to Find the Law.—A part of the law of the state 
is embodied in the constitution. This, as we have already 
seen, cannot be changed by the legislative assembly. But 
in order that people may know just what laws the legis¬ 
lative assembly has made, at the end of each session many 
copies of a volume called the “ Session Laws ” are printed, 
containing all the new laws. An alphabetical index makes 
it possible to find any particular law. But after several 
sessions have been held, one would have to look through 
several volumes to find what the law is. Besides this, 
some laws passed at the later sessions repeal or amend 
laws made at earlier sessions. So one cannot be sure that 
a law which he finds in one of the earlier volumes is still 
in force, without looking through all the later volumes to 
see whether it has been changed. This makes the matter 
very perplexing. Consequently the legislative assembly 
has provided for “ codifying ” the laws—that is, collecting 
all laws still in force, embodying in them any changes that 
have been made since their original adoption, and grouping 
together all those that have to do with similar subjects. 

The Codes.—The present codes are in four parts, 
known as the Political Code, the Civil Code, the Code of 
Civil Procedure, and the Penal Code. The Political Code 
contains such laws in regard to the details of state and local 
government as have not been definitely specified in the con¬ 
stitution, and is therefore the part of the codes in which 
students of civics would naturally be most interested. 




52 


MONTANA CIVICS 


The second, known as the Civil Code, contains the laws in 
regard to personal and property rights of individuals and 
corporations. The Code of Civil Procedure contains the 
laws in regard to the protection of personal and property 
rights and redress of injuries. The Penal Code defines 
crimes and misdemeanors, and prescribes their penalties. 
These codes are divided and subdivided in such a way that, 
so far as possible, one may find in one place all that the 
law provides in regard to any particular matter. 

As the present codes were formed in 1895, many changes 
have already been made. So to find what the law is on any 
matter, one must first examine the codes, and then look 
through the Session Laws of 1897, l % 99 > 1901, and 1903, 
to see whether any changes have been made. In time there 
will be so many Session Laws to look through that it will 
be necessary to have the laws codified again, or, in other 
words, to provide for a revision of the codes. 

Direct Government.—We have seen in the study of 
county government that representative government is used 
only as a substitute for direct government, where there 
seem to be such obstacles in the way of direct or democratic 
government as to make that impracticable. But no system 
of representative government ever works perfectly, even 
though it is a very great improvement on any of the older 
forms of government which it has displaced. 

The chief trouble with representative government is that 
the representatives do not always really represent the peo¬ 
ple. After representatives have been elected, they may be 
persuaded by means of great rewards promised by persons 
who will derive special benefit from certain legislation, to 
vote for measures contrary to public interests. Bribery has 
come to be so great an evil in all parts of this country, that 
the framers of Montana’s constitution took great pains to 


$ 


MAKING THE LAWS 


53 


guard against it by prescribing a form of oath to be taken 
by every person elected, and by providing severe penalties 
for bribery.* But the trouble is that it is very difficult to 
convict anyone of bribery. There are so many ways of 
bringing improper influence to bear on representatives with¬ 
out leaving any positive evidence that can be discovered. 
The matter may sometimes be managed so delicately that 
it seems as if the representative himself hardly realized that 
so harsh a word as “ bribery ” would rightly apply to his 
case. 

But even where there is no corruption, it is not easy for 
voters to find thoroughly satisfactory representatives. A 
great many difficult measures come before a legislative 
body. But very often a voter must choose between two 
candidates, with each of whom he agrees on some subjects 
and disagrees on others. Fie must therefore decide which 
matter he considers the most important, and vote for the 
candidate who stands for that measure, even though, on 
other grounds, his opponent might be preferable. 

Sometimes people vote for certain candidates for the 
state legislature solely because those candidates are pledged 
to favor the election of a certain man to the United States 
Senate when that question comes before the legislature. 
This particular feature would be removed if United States 
senators should be elected by direct vote of the people—a 
plan which the legislative assembly of Montana has three 
times in vain memorialized Congress to permit the people 
of the United States to consider. But the other difficulty 
would still remain. 

Now it might seem that if democratic or direct govern¬ 
ment was impracticable in the county, it would be still more 


* Read Article XIX, Section 1, and Article V, Sections 41-43, in the con¬ 
stitution of the state. 




54 


MONTANA CIVICS 


so in the state. And so it would if it were designed to dis¬ 
place representative government altogether. But the people 
of Switzerland have found what they believe to be a solu¬ 
tion of the matter, and their plan, known as the “ Initiative 
and Referendum,” has already been copied by some of the 
states in this country. 

The Referendum.—We have already seen how the lo¬ 
cation of the state capital, the increase of the state debt, 
and the amending of the constitution cannot be accom¬ 
plished by the legislative assembly without an express vote 
of approval by the people. Now the referendum simply 
applies this same plan to all the acts of the legislature. 
Not that the people would vote on every act—most of the 
acts would still pass unchallenged. But the referendum 
would empower some small percentage of the voters to 
demand that any particular act of the legislature should be 
submitted to a vote of the people, and if not ratified by a 
majority of the voters, it would not go into effect. 

The objection is sometimes made to the referendum that 
it will require the people so frequently to vote upon acts 
of the legislature that they will not interest themselves in 
the matter. But in actual practice it is found that, if the 
referendum is only in reach all the time, it is very rarely 
necessary to use it. If persons who might be interested in 
securing bad legislation know that the laws, after passing 
the legislature, will almost certainly be challenged and sub¬ 
mitted to a vote of the people if there is very serious objec¬ 
tion to them, they will not think it worth while to bribe 
members of the legislature, and consequently very few 
measures will be passed which the people would wish to 
challenge. 

It may be illustrated in this way. Suppose a very rich 
man, wishing to make his will, should take a blank, sign 








MAKING THE LAWS 


55 


his name at tHe bottom, give it to a lawyer whom he 
employed, and ask him to take it to his office, fill in the 
blanks with certain names and amounts, and lock it up in 
his safe till the rich man should die. Under such circum¬ 
stances there would be a very strong desire on the part of 
, some people to bribe the lawyer to put their names in the 
blank spaces instead of the names which the testator wanted 
there. Now if any man should be foolish enough to make 
his will in this way, he would be doing very much as we do 
when we commit the making of our laws exclusively to a 
legislature. He would have to trust entirely to the honesty 
of his lawyer, and would sometimes be deceived. But in 
making a will an ordinary person uses the principle of the 
referendum. He tells his lawyer what he wants done, and 
instructs him to bring the will to him for approval when he 
has drawn it up. Then if the will suits him he signs it, 
and if not, he destroys it. Knowing that this will be the 
case, the lawyer cannot have any object in drawing up 
the will any differently from his instructions, and no one 
would think of bribing him. 

The Initiative.—The initiative may be said to be the 
positive form, of which the referendum is the negative. If 
the legislature fails to enact a desirable law, the initiative 
allows a certain number of voters to demand a submission 
of the question to the people, and if a majority vote in its 
favor, it becomes a law. 






CHAPTER VIII. 


EXECUTING THE LAWS. 

We have seen how the people decide, either themselves 
or through their representatives, what shall be done by the 
state. We may now consider how it is decided who shall 
do these things. This is partly decided by the people 
themselves, who select the principal state officers, and partly 
it is left to these principal state officers to make selections. 

The governor, the lieutenant-governor, the secretary of 
state, the attorney general, the treasurer, the auditor, the 
superintendent of public instruction, and the judges and 
clerk of the supreme court, are chosen directly by the peo¬ 
ple at the general election. 

Since we have learned about the general election under 
the study of county government, only two points need to 
be added here: ist, in regard to candidates; 2d, counting 
of votes. 

State Conventions.—The county conventions, such as 
nominate candidates for county offices, select a number of 
delegates, proportioned to the number of votes east for 
the candidates of the political party which they represent, 
at the last election.* These delegates hold a state conven¬ 
tion at some point previously appointed, and nominate can¬ 
didates of their party for the state officers to be chosen. 
They also select a state central committee to have charge 

* Classes should watch the newspapers for announcements of the time 
and place of a state convention, and of the number of delegates to which 
the different counties are entitled. 

( 56 ) 



EXECUTING THE LAWS 


57 


of the arrangements of the next convention of their party. 
Another thing is done at this convention which is not 
usually clone at county conventions. That is, to adopt a 
“ platform.’’* A platform is a statement of the principles 
of the party, giving special prominence to the reasons why, 
in that particular election, people should vote for the candi¬ 
dates of that party. 

Candidates for state offices may also be nominated by 
petition, in the same way as candidates for county offices. 
When the nominations have been made, they are certified to 
the secretary of state, and he notifies the clerks of the dif¬ 
ferent counties, who then have the names of the state can¬ 
didates printed on their ballots along with the names of the 
county candidates. 

State Canvassing Board.—When the county commis¬ 
sioners canvass the votes in their respective counties, the 
county clerk sends to the secretary of state a list of the 
number of votes cast in the county for each candidate for 
a state office. On the first Monday of December the state 
auditor, the state treasurer and the attorney general, who 
constitute a board of state canvassers, canvass the returns 
from all the counties, and ascertain which candidates have 
been elected.** The secretary of state notifies the governor 
of the result, and the governor issues commissions to the 
persons who have received the highest number of votes. 

State Officers. —To be eligible to any of the executive 
offices named,*** one must be a citizen of the United States, 
at least twenty-five years old, who has resided in Montana 
at least two years; the governor, lieutenant-governor at¬ 
torney general, and superintendent of public instruction 

* County conventions also sometimes adopt platforms, but this is not 
always done. 

** In case of a tie, the legislative assembly, at its next session, by joint 
ballot, chooses between the candidates tied. 

**• Executive officers are officers whose business it is to enforce the laws. 






58 


MONTANA CIVICS 


must be at least thirty years old, and the attorney general 
must be some one who has been admitted to practice law 
in the supreme court of the state. The treasurer is not 
eligible for re-election. The term of each of these officers is 
four years, and begins on the first Monday of January in 
the years 1901, 1905, etc. The salary of the governor is 
$5,000 per year, of the superintendent of public instruction, 
$2,500; of the secretary of state, the auditor, the treasurer, 
and the attorney general, each $3,000. The pay of the 
lieutenant-governor is the same as that of the speaker of 
the house of representatives, namely, ten dollars for each 
day’s session of the legislative assembly and twenty cents 
for each mile traveled going to the capital at the opening 
of the session and returning home at its close. 

A pretty good idea of what the people accomplish through 
their co-operation as a state, may be learned from a study 
of the business of the different offices of the state govern¬ 
ment. 

The Governor.—At the head of the state is the gov¬ 
ernor. As the chief executive, it is his business to see that 
the laws are faithfully executed. That is only another way 
of saying that, when the people have decided to do certain 
things, the governor must see to it that these things are 
done. The governor cannot do all the things which the 
laws require to be done, but he has the general oversight 
of it all. 

The governor is commander-in-chief of the militia forces 
of the state, (unless these forces should be called out into 
the service of the United States), and he has power to use 
the militia to aid in executing the laws, to suppress insur¬ 
rection, or to repel invasion. The governor nominates, 
and, with the consent of the senate, appoints all officers 
of the state whose election or appointment is not otherwise 


EXECUTING THE LAWS 


59 


provided for. He also makes appointments to elective 
offices when vacancies occur. The governor may require 
information from the officers of the executive departments 
and from the officers and managers of state institutions 
upon any subject relating to the condition, management 
and expenses of their respective offices and institutions, 
lie gives the legislative assembly information of the state, 
and recommends to them such measures as he deems expe¬ 
dient.* At the beginning of each session he presents to the 
legislative assembly estimates of the amount of money 
required to be raised by taxation for all purposes of the 
state.** 

The governor also has power to grant pardons and remit 
fines and forfeitures, and grant commutations of punish¬ 
ments, and respites after conviction and judgment, for any 
offenses committed against the criminal laws of the state, 
but his power in this respect is limited by the necessity 
for having his action approved by a board of pardons, con¬ 
sisting of the secretary of state, the attorney general and the 
auditor. 

The Lieutenant-Governor.—In case of the inability of 
the governor or a vacancy in the office,*** the lieutenant- 
governor serves as governor till the expiration of the term 
or until the disability ceases. In case of the disability of 
the lieutenant-governor also, the office of the governor 
would pass first to the president pro tempore of the sen¬ 
ate, or if he were disabled, to the speaker of the house of 
representatives. 

The Secretary of State.—The secretary of state is 

* The class should obtain a copy of the governor’s “ message,” as it is 
called, and make a careful study of it. It is always published in the news¬ 
papers at the time, and pamphlet copies can often be obtained afterwards. 

** For the power of the governor in regard to the making of laws, see 
pages 50, 51. 

*** The chief occasion for someone else to serve as governor is when the 
governor is temporarily absent from the state. 




60 


MONTANA CIVICS 


charged with the custody of the enrolled copy of the con¬ 
stitution, of the acts and resolutions passed by the legisla¬ 
tive assembly, and of their journals, of the seal of the 
state, and of some other public documents and records. 
He attends the sessions of the legislative assembly, registers 
and attests the official acts of the governor, records con¬ 
veyances made to the state, articles of incorporation filed 
in his office, and the official bonds of state officers. He 
attends to the printing and distributing of all state docu¬ 
ments. He is also superintendent of the capitol, and keeper 
of certain supplies purchased for the use of the state. 

The Auditor.—The auditor superintends the fiscal af¬ 
fairs of the state, and suggests plans for the improvement 
and management of the public revenue. He keeps all 
accounts in which the state is interested, audits all claims 
against the state, draws warrants on the treasurer for the 
payment of appropriations, and superintends the collection 
of all moneys due the state. 

The Treasurer.—The treasurer receives and keeps ac¬ 
count of moneys belonging to the state, and pays them out 
on warrants drawn by the auditor. 

Other Officers.—The duties of the attorney general 
will be explained in the chapter on the Judiciary, and the 
duties of the superintendent of public instruction in the 
chapter on Education. 

State Boards.—Many important matters in regard to 
the execution of the laws are committed to executive boards 
composed of several of the state officers.* The governor, 
the secretary of state and the attorney general constitute 
the state furnishing board, to contract for the furnishing 
of all st ationery, printing, binding, paper, fuel, lights, etc., 

"For the state board of equalization and the state board of examiners, 
see chapter on State Finance; for the state board of education see the 
chapter on Education. 





EXECUTING THE LAWS 


61 


used by the various departments of the state government. 
The governor, the secretary of state, and the attorney gen¬ 
eral also constitute the board of prison commissioners, who 
have power to appoint the warden of the state prison, and 
have full control of the prison grounds, buildings, labor and 
property, and regulate the management of the prison. This 
board also has control and supervision of the reform school, 
but a board of three trustees, appointed by the governor has 
immediate charge of the reform school. The governor, the 
secretary of state and the attorney general also constitute 
the boards of commissioners for the insane, and for the 
deaf, dumb and blind, and have control and management 
of the state asylum. 

The Carey Land Act board, consisting of the state engi¬ 
neer (appointed by the governor), the secretary of state 
and the state examiner, co-operates with the federal gov¬ 
ernment in measures for the irrigation* of public lands. 

The state law library is in charge of a board of trustees 
consisting of the justices of the supreme court, the secre¬ 
tary of state and the auditor. A board consisting of the 
superintendent of public instruction, the attorney general 
and the auditor is authorized to establish and maintain a 
system of circulating libraries. 

Appointive Boards.—Many other boards consist of 
persons appointed by the governor with the consent of the 
senate. Such is the board of medical examiners, composed 
of seven physicians, whose business it is to examine and 
license persons desiring to practice medicine or surgery. 
The board of pharmacy, composed of three pharmacists 
selected from a list nominated by the Montana Pharmacal 
Association, examines and registers persons who wish to 
compound and dispense drugs. The board of dental exam¬ 
iners, composed of five dentists, examines and certifies to 




62 


MONTANA CIVICS 


the qualifications of persons who wish to practice dentistry. 
The board of osteopathic examiners consists of three osteo¬ 
paths who examine and license qualified persons to prac¬ 
tice osteopathy. The board of stock commissioners, con¬ 
sisting of not more than one member from each county, 
protects the stock interests of the state from theft and dis¬ 
ease, and recommends such legislation as will foster the 
live-stock industry. A similarly constituted board of sheep 
commissioners takes like care of sheep interests. The board 
of charities and reforms consists of three members, whose 
duty it is to investigate and supervise the whole system of 
the charitable and correctional institutions supported by 
the state, and to inspect the poor-houses and jails in the 
different counties, and all other places in which persons are 
forcibly confined. The board of arbitration and conciliation 
consists of three members, one of whom must be an em¬ 
ployer and one a laborer, and is intended to settle disputes 
between employers and employees. The state historical 
library is controlled by a board of five trustees. A board 
of five trustees controls the state orphans’ home. The 
soldiers’ home is managed by a board of five persons, one 
of whom is the department commander of the Grand Army 
of the Republic of the state of Montana. 

The board of horticulture, consisting of the governor 
himself and five persons whom he appoints, inspects fruit 
and endeavors to exterminate pests which damage fruit 
trees and vines. The state board of health is composed of 
the governor and the attorney general, together with one 
civil engineer and three physicians appointed by the gov¬ 
ernor and one physician chosen by the board itself as its 
secretary. This board co-operates with the local authorities 
in the different counties in trying to secure sanitary condi¬ 
tions and prevent the spread of disease. 



EXECUTING THE LAWS 


63 


The bureau of agriculture, labor and industry is in charge 
of a commissioner appointed by the governor. The com¬ 
missioner collects various industrial and other statistics and 
publishes them in a biennial report.* 

A secretary of the state bureau of child and animal pro¬ 
tection is appointed by the governor to secure the enforce¬ 
ment of the laws for the prevention of wrongs to children 
and dumb animals. 

Appointive Officers.—Some of the executive duties 
are assigned to single officers appointed by the governor 
with the consent of the senate. Among these are the state 
examiner, who examines all the books and accounts of state 
and county officers, of all public institutions, and of banks 
and investment companies chartered by the state. The 
veterinary surgeon investigates cases of contagious diseases 
among domestic animals, and quarantines or slaughters such 
animals when necessary. The inspector of boilers examines 
steam boilers in use in the state, and examines and grants 
licenses to steam engineers. The names of the offices 
inspector of mines, inspector of coal mines, and game and 
fish warden, indicate the nature of their work. 

The governor has a private secretary, and the other 
elected state officers have as many deputies as the legislative 
assembly may from time to time provide for. 

State Institutions.—Most of the institutions main¬ 
tained by the state are educational, and will be described in 
the chapter on education. The others are either charitable 
or correctional. The charitable institutions are the State 
Orphans’ Home at Twin Bridges, the Soldiers’ Home at 
Columbia Falls, and the Insane Asylum at Warm Springs. 
The correctional institutions are the State Penitentiary at 

- These reports contain a great deal of matter of interest to students of 
civics. Any school which has not received a copy of the latest report should 
apply to the commissioner for one. 







64 


MONTANA CIVICS 


Deer Lodge, and the State Reform School at Miles City. 
The immediate care and management of the Penitentiary 
and Insane Asylum are in the hands of contractors who are 
paid by the state in proportion to the number of inmates. 
The other institutions are managed directly by the state 
boards already described. 

State Capitol.—The most magnificent building belong- 
ing to the state is the capitol at Helena. Here are the 
rooms for the meetings of the legislative assembly and the 
sessions of the Supreme Court. The state officers have 
their offices and most of the state boards hold their meet¬ 
ings here. Here also are to be found the State Historical 
Library and the State Law Library. 


CHAPTER IX. 


STATE FINANCE. 

The financial affairs of the state are managed in very 
much the same way as the finances of the county, but there 
are some peculiarities which demand special attention. 

Equalization.—There is a state board of equalization, 
consisting of the governor, the secretary of state, the state 
treasurer, the state auditor and the attorney general. This 
board receives from the clerk of each county a report of the 
assessment of property in the county. If property seems to 
be assessed at a lower valuation in some counties than in 
others, the board undertakes to equalize this, so that when 
the tax is levied, the people of one county will not be com¬ 
pelled to pay an unreasonable share of the state taxes as 
compared with another county. The state board also fixes 
the valuation of the franchise, roadway, roadbed, rails and 
rolling stock of all railroads operated in more than one 
county, and apportions this among the various counties 
through which the railroad runs, in proportion to the num¬ 
ber of miles of track which the railroad has in each county. 

The State Levy.—The legislative assembly, on the 
basis of such an assessment, levies the state tax. The con¬ 
stitution does not permit the legislative assembly (unless 
the proposition is approved by a majority of the electors 
at a general election*), to levy a tax at a higher rate than 

* This limitation makes it practically impossible to levy a greater tax, as 
a general election never comes till twenty months after the adjournment of 
the legislative assembly. 

( 65 ) 






MONTANA CIVICS 


Ct) 

three mills per year on each dollar of valuation; and when 
the taxable property amounts to $100,000,000, the rate must 
not exceed two and one-half mills, and when it reaches 
$300,000,000, the rate must not be more than one and one 
half mills. Up to the present time the valuation has always 
been between $100,000,000 and $300,000,000, and as the 
legislative assembly has found use for all the money which 
could legally be raised, the state tax levy is always two and 
one-half mills. 

Each county treasurer therefore adds two and one-half 
mills to the levy made by the county commissioners, and 
collects the full amount. He then sends to the state treasurer 
the portion which belongs to the state. As already noted, 
the state also receives three-fifths of the proceeds of the 
inheritance tax described in the chapter on county finance, 
and one-fourth of all money received from licenses. Fees 
paid to state officers are also turned into the state treasury. 

Special Taxes.—Besides the general property tax 
there is also levied a special tax of not more than one and 
one-half mills on the dollar upon the assessed valuation of 
all cattle, horses, mules and asses, for a “stock inspector 
and detective fund ” to be used exclusively in meeting the 
expenses incurred by the board of stock commissioners, 
and another tax of one-half mill on such stock, known as 
the “ stock indemnity ” tax, to provide a fund to pay the 
owners of such animals as may be slaughtered by the state 
veterinary surgeon on account of contagious diseases. The 
owners of sheep are likewise taxed one-fourth of one mill 
on the dollar of assessed valuation of their sheep for the 
“ sheep inspector and indemnity fund,” and there is a fur¬ 
ther tax of three and one-half mills* on the dollar of assessed 

* The legislative assembly frequently changes the rate of this tax. It 
is sometimes as low as one-half mill. 




STATE FINANCE 


67 


valuation of all cattle, horses, mules, asses and sheep for 
the “ state bounty fund,” out of which bounties are paid 
for the slaughter of wolves and coyotes. 

State Debt.—As already noted, no indebtedness can 
be incurred beyond $100,000 without the approval of a 
majority of the voters at a general election. As a matter of 
fact the state of Montana has no debt whatever. 

Appropriations.—No money can be paid out of the 
state treasury except in pursuance of specific appropriations 
made by law, and no appropriation can be made for a longer 
term than two years. It is therefore an important part of 
the business of every regular session of the legislative 
assembly to decide on the amount of money to be applied, 
for the ensuing two years, to each purpose under the care 
of the state. It is usual to embody the appropriations for 
the executive and judicial departments in one act, and 
those for the maintenance of the state institutions in 
another. Any other appropriations must be made in sep¬ 
arate acts, each showing in its title the purpose of the 
appropriation. 

Expenditures.—The governor, the secretary of state 
and the attorney general constitute the state board of exam¬ 
iners, who examine claims against the state, and the auditor 
must not draw his warrant for any claim unless it has been 
approved by the board, except for the payment of the 
salaries of those state officers whose salaries are fixed by 
law. 

If no appropriation has been made by the legislative 
assembly for the payment of a claim approved by the board 
of examiners, or if an appropriation has been made and 
exhausted, the board can only refer it, with a statement of 
their approval, to the next session of the legislative assem¬ 
bly. 



68 


MONTANA CIVICS 


When a person receives a warrant drawn by the state 
auditor he may present it to the state treasurer. If there 
are funds to pay it, it is then paid. If not, the treasurer 
endorses upon it “ presented for payment, and not paid for 
want of funds/’ and the warrant then bears four per cent, 
interest till there is money in the treasury to pay it. 

By studying the annual reports of the state treasurer, we 
may see how much money the state expends on different 
purposes, and in this way learn something of the work 
which the people accomplish by co-operating as a state. 






CHAPTER X. 

INTERPRETING THE LAWS. 

When we are told that the judicial department “ inter¬ 
prets ” the laws, it is doubtful whether many pupils know 
much more about the matter than they did before. But 
the meaning will be clear if we recall that the laws, as they 
are made by the legislative department, are usually ex¬ 
pressed in general terms. But the executive department 
can enforce the laws only by doing specific things. 

Now if the law said that John Smith's ranch mu9t be 
sold, and $500 from the proceeds paid to Thomas Brown, 
there would be no need of a judicial department. Or if the 
law said that John Doe must be sent to the penitentiary for 
five years, it would be very plain what the sheriff must do. 
But the law does not name these people; it says, for 
instance, that any person guilty of burglary must be sent 
to the penitentiary. We may imagine the sheriff, in doubt, 
saying to himself, “ Does this law mean that I must take 
John Doe to the penitentiary? ” 

Here the service of the judicial department comes in. 
The judiciary looks carefully into the matter, and finally 
says to the sheriff, “ When the law says that persons guilty 
of burglary shall be confined in the penitentiary, it means 
that you must take John Doe to the penitentiary." In other 
words, the law, which is expressed in general terms, is 
interpreted by the judiciary into specific terms. 

Now in deciding whether the law means that John Doe 
( 69 ) 




70 


MONTANA CIVICS 


must be imprisoned, two things must be considered: One 
about John Doe, and one about the law. First, has John 
Doe done certain things? And secondly, if he has done 
those things, are those things what the law means by burg¬ 
lary? The second question is a question of law ;* and the 
first is a question of fact. 

The courts which the state of Montana has established 
for deciding what the specific things are which the laws 
require to be done are of three grades: The justice or police 
court, the district court, and the supreme court. 

The Justice Court.—Each county is divided by its 
board of commissioners into parts called townships.** In 
each of these townships the voters choose, at every general 
election, two justices of the peace and two constables. Each 
justice has his office at some place in the township, and 
must be always ready to hold court, except on Sundays 
and holidays. 

Now a justice court is not empowered to try every sort 
of a case. The matters with which it is authorized to deal 
constitute its jurisdiction. 

The jurisdiction of the justice court is limited in three 
ways: 1st, territorially; 2d, in respect to the interests 
involved; 3d, in relation to other courts. 1st, The jurisdic¬ 
tion of the justice court is limited territorially to the county. 
2d, In civil matters the justice court can try ordinary cases 
where the value of the property in controversy does not 
exceed $300, and does not involve the title to real estate; 
in criminal matters the justice court can try persons charged 
with misdemeanors for which the law prescribes a penalty 

* There may be other questions of law, as, for example, “ Has this law 
been altered or repealed? ” “ Is it in conflict with the constitution? ” etc. 

** This expression is very unfortunate. It has nothing to do with the 
word township as commonly used, but only means a sub-division of the 
county for election purposes. There is no such thing as “ township govern¬ 
ment in Montana. 



INTERPRETING THE LAWS 


71 


of imprisonment for not more than six months or a fine of 
not more than $500, or both. 3d, The justice court cannot 
try cases that have already been tried in another court,— 
that is, it has only original jurisdiction. 

It has already been said that, in a lawsuit, there may be 
two things in dispute,—the facts of the case, and the law 
which applies to the case. The question of law is always 
decided by the judge, who, in the justice court, is called 
the justice of the peace. Now it sometimes happens that 
there is no dispute about facts. Then all that is to be done 
is for the judge to decide what law applies to the case. 

When the facts also are in dispute, the parties to the suit 
are very often willing to have the judge also decide the 
question of fact. But if either party to a civil suit, or the 
accused in a criminal case, desires, the questions of fact are 
submitted to a jury of not more than six men. Two-thirds 
of the jury must agree in order to render a verdict. 

Examination.—If a person is accused of a crime for 
which the law prescribes as a penalty a fine of more than 
$500, or imprisonment for more than six months, the jus¬ 
tice court does not have jurisdiction over the trial of the 
case. But the justice court may hold an examination. That 
is, the accused is brought before the justice court, and the 
evidence against him is examined. If it seems probable to 
the justice of the peace that the accused is guilty, or if the 
accused waives examination, the justice commits him to 
the custody of the sheriff, who keeps him in jail till time for 
his trial before the court that has jurisdiction. If the 
offense is legally bailable, however, the accused may be 
released on finding bondsmen who guarantee that he shall 
be on hand for trial at the proper time. 

But if the evidence presented at the examination is not 
sufficient to make it seem probable to the justice that the 



72 


MONTANA CIVICS 


accused has committed a crime, the justice dismisses him at 
once. The object of the examination is to prevent, so far 
as possible, injustice being done to innocent persons by 
obliging them to stand trial on trivial grounds. 

The Constable.—The executive officer who executes 
the decisions of the justice court is called a constable. 
There are two constables chosen by the voters of each 
township at every general election. Constables must attend 
the courts of justices of the peace within their township 
whenever required, and within their counties execute, serve 
and return all processes and notices directed or delivered to 
them by a justice of the peace. Their duties in respect to 
the preservation of the peace are the same as those of the 
sheriff.* 

Police Court.—In every city and town there is a police 
court. The voters of the city elect a police judge every two 
years, at the city election. In towns the council designates 
one of the justices of the peace of the township in which 
the town is situated to act as a police judge. 

The police court has very much the same jurisdiction as 
a justice court for the trial of persons charged with com¬ 
mitting public offenses, and in addition has exclusive juris¬ 
diction of all proceedings for violation of any city ordinance, 
and of all actions for the collection of money claimed to 
be due to or from the city. 

The mayor nominates and, with the consent of the coun¬ 
cil, appoints a chief of police, who executes the decisions 
of the police court. In towns this officer is called the mar¬ 
shal. 

District Court.—Courts of the next grade above the 
justice or police courts are district courts. The state is 


See page 76. 



INTERPRETING THE LAWS 


73 


divided by the legislative assembly into districts,*—at pres¬ 
ent twelve. The voters of each district, every four years 
at the general election, elect a district judge,** who must 
be a lawyer, twenty-five years of age or older, who is a 
citizen of the United States and has resided in Montana at 
least a year. 

In districts which consist of a single county, the dis¬ 
trict court is always in session at the county seat except on 
Sundays and holidays. In other districts, the judge holds 
court turn at least four sessions a year at each county 
seat in his district. 

We have seen that the justice court has only original 
jurisdiction. But the jurisdiction of the district court is 
both original and appellate. Either party to a civil suit, who 
is dissatisfied with the judgment of the justice or the 
police court may appeal to the district court within thirty 
days. A person convicted of a misdemeanor in a police or 
justice court may appeal to the district court within ten 
days. 

The original jurisdiction of the district court extends to 
all criminal cases not in the jurisdiction of the justice or 
police court. In civil suits the district court has original 
jurisdiction wherever the matter in controversy exceeds $50 
in value, or involves the title to real estate, or a question 
of marriage or divorce. 

As in the justice court, so in the district court, questions 
of law are decided by the judge. Questions of fact may 
usually be decided by the judge, but either party to a suit 


* The 1st district consists of Lewis and Clarke county; 2d. Silver Bow county; 
3d, Deer Lodge, Powell and Granite; 4th, Missoula and Ravalli; 5th, Beaver¬ 
head. Madison and Jefferson; 6th, Carbon, Park, and Sweet Grass; 7th, 
Custer, Dawson, Yellowstone and Rosebud; Sth, Cascade; 9th, Gallatin, 
Meagher and Broadwater; 10th, Fergus; 11th, Flathead and Teton; 12th, 

Chouteau and Valley. . , 

** In the first district two judges are elected, and in the second district 
three. 





74 


MONTANA CIVICS 


may insist on a jury trial, and cases amounting to felony 
must be tried before a jury. A trial jury ir the district 
court consists of twelve men. In cases of felony the jury 
must be unanimous in order to render a verdict, but in other 
cases two-thirds is sufficient. 

There are two ways in which persons may be brought 
to trial for crime in the district court—by information and 
by indictment. 

Information.—If a person has been examined by a 
justice of the peace, and committed to jail to await trial, 
or admitted to bail, an account of the proceedings at the 
examination is presented to the district court by the county 
attorney. This account is technically known as information, 
and forms the basis of the prosecution. This is the usual 
method when there are witnesses who are ready to come 
forward and give their testimony. 

Indictment.—But a crime is sometimes committed 
when the only persons who know anything about the mat¬ 
ter are disposed, for some reason, to keep it secret. Under 
such circumstances the only way the matter can be reached 
is for the judge to summon a grand jury. A grand jury 
consists of seven men, and may be summoned whenever 
a district judge thinks it necessary. The grand jury holds 
its sessions in secret, and can compel any persons to attend 
and answer any questions which may throw light upon the 
matter. If, as a result of their investigations, such evidence 
is collected that five or more of the grand jury believe 
the evidence would convict some particular person if pre¬ 
sented to a trial jury, the grand jury indict that person. A 
warrant is then issued for that person’s arrest, and he is 
brought before the court for trial on indictment. 

Coroner’s Inquest.—Another judicial process used in 
certain cases is a coroner’s inquest. There is in each county 


INTERPRETING THE LAWS 


75 


an officer called the coroner, whose duty it is to inquire into 
all cases where persons have died under such circumstances 
as to afford reasonable ground for suspicion that the death 
has been caused by criminal means. The coroner summons 
a jury of not more than nine persons, and as soon as six or 
more are present, they proceed to hold an inquest. They 
view the remains and examine any witnesses that may be 
available. On the basis of the evidence obtainable a ver¬ 
dict is rendered, and a written report of the testimony and 
the inquisition is preserved for use in case a criminal trial 
should follow. If the jury find that a known person has 
committed a crime causing the death, the coroner orders 
the person to be arrested and taken before the nearest 
magistrate for examination. 

The object of the coroner’s inquest is to secure promptly 
evidence which would be destroyed by the removal and 
burial of the dead body, or which could not readily be 
obtainable after a little time had elapsed. If the office 
of coroner is vacant, or he is absent or unable to attend, the 
duties of his office may be discharged by any justice of the 
peace in the county. 

Probate Matters.—In some states there are separate 
courts known as probate courts. These courts deal chiefly 
with the property left by deceased persons, deciding to 
whom it should belong, and the guardianship of orphans 
and sometimes of insane and other incapable persons. But 
in Montana the district courts have jurisdiction in all pro¬ 
bate matters. The voters of each county select at every 
general election a public administrator, who takes charge 
of the estates of persons dying in the county without heirs 
or administrators, and of such other estates as may be or¬ 
dered into his hands by the court. 

Equity.—Laws are usually made to fit general cases. 




76 


MONTANA CIVICS 


But cases sometimes arise for which no particular law 
has provided. All that a court can do in such cases is to 
decide what is just and fair to both parties. Such cases are 
called cases in equity , to distinguish them from cases at 
law. In England, courts distinct from the law courts have 
existed, to try cases in equity. But in this country the 
two functions are commonly united, and in Montana the dis¬ 
trict courts are courts of both law and equity. 

Sometimes if it is not convenient for the district judge 
to try a civil case promptly, it may be tried by any lawyer 
in the state whom the two parties to the suit select. 

The Sheriff.—The voters of each county, at every 
general election, choose a sheriff to enforce the decisions 
of the district court. The preservation of the peace of 
the county is committed to the sheriff. It is his duty to pre¬ 
vent or suppress affrays, breaches of the peace, riots and 
insurrections. He must arrest and take before the nearest 
magistrate for examination all persons who commit or 
attempt to commit a public offense. He must attend all 
sessions of the district court in the county, and carry out 
all orders of the court. In order to accomplish his duties 
he may call upon as many male inhabitants of the county 
as he needs, and they are compelled to assist him, and 
if this is insufficient, he may call upon the governor of 
the state for the aid of the state militia. The sheriff is 
also required to serve all writs, warrants, summons and 
other papers or orders required to be served in any proceed¬ 
ing before any court, board or officer of the county. He 
is also the keeper of the county jail and of the prisoners 
committed to it. * 

In any case in which the sheriff himself is a party to the 
action or proceeding, the coroner acts as sheriff, unless the 



INTERPRETING THE LAWS 


77 


coroner also happens to be a party. In such case the court 
would temporarily appoint an officer called an elisor. 

County Attorney.—At every general election, also, the 
voters of each county elect a county attorney. It is his 
business to attend the district court in his county, and 
conduct all prosecutions for public offenses. He must in¬ 
stitute proceedings before magistrates for the arrest of per¬ 
sons charged with or reasonably suspected of public offenses. 
He must draw all indictments and informations, defend all 
suits brought against the county, prosecute all recognizances 
forfeited in the courts, and all actions for the recovery of 
debts, fines, penalties and forfeitures accruing to the county 
or the state. He must attend the meetings of the board 
of county commissioners when required, and give legal 
advice to the commissioners and to all county and district 
officers on matters pertaining to the duties of their respec¬ 
tive offices. 

Clerk of the District Court.—Every four years the 
voters of each county choose a clerk of the district court. 
He is required to attend all sessions of the district court in 
his county and keep complete records of all the proceedings 
of the court. It is for this reason that the district court is 
known as a court of record. It is because the justice court 
is not a court of record, that it is not given jurisdiction 
in any case involving the title to real estate. The clerk of 
the district court also takes charge of all books and papers 
filed in his office, and issues all processes and notices re¬ 
quired to be issued. It is also his duty to issue marriage 
licenses, and to keep a record of licenses issued and of cer¬ 
tificates of marriages solemnized in the county. 

The Supreme Court.—The highest court of appeal in 
the state is the supreme court. Cases tried in any district 
court in the state may be brought on appeal to the supreme 






78 


MONTANA CIVICS 


court. This court consists of a chief justice and two asso¬ 
ciate justices, elected by the voters of the state for the terms 
of six years. They must be lawyers, at least thirty years 
old, citizens of the United States, who have resided in Mon¬ 
tana at least two years. One justice is chosen at every 
general election, so that their terms all expire at different 
times.* The supreme court holds four sessions each year, 
always at the state capital. The three justices do not hold 
separate sessions, but all sit together, and when they do 
not all agree, the opinion of two is decisive. 

As the supreme court is considerably behind in its busi¬ 
ness, the Eighth Legislative Assembly provided for the 
appointment by the supreme court of three commissioners 
to serve for four years, to assist the court in disposing of 
the numerous causes pending in the court. 

Officers of the Supreme Court.—The executive officer 
of the supreme court is a marshal, chosen by the supreme 
court to hold office at their pleasure. The records of the 
supreme court are kept by the clerk of the supreme court, 
elected by the voters of the state for a term of six years, 
at the same time as the chief justice. 

Attorney General.—The attorney general, chosen by 
the voters of the state every four years at the general elec¬ 
tion, is required to attend all sessions of the supreme court, 
and prosecute or defend all causes to which the state or any 
officer thereof in his official capacity is a party, and causes 
to which any county is a party unless the interest of the 
county is adverse to that of the state. 

Reports.—The decisions of the supreme court are all 
reported by the justices, and printed in a series of volumes 
known as the “Montana Reports.” These reports serve 

* The chief justice is elected in the years 1898, 1904, etc. 




INTERPRETING THE LAWS 


79 


to guide the judges in the lower courts in deciding sim¬ 
ilar cases which may come before them. 

Salaries.—The salaries of the district judges as well 
as of all persons connected with the supreme court are 
paid by the state. The amounts are as follows: Justices 
and commissioners of the supreme court, each $4,000 per 
year; clerk of the supreme court, $2,000; marshal of the 
supreme court, $4 for each day’s actual attendance upon 
the supreme court; district judges, each $3,500 per year. 
Both the district and supreme courts are entitled to appoint 
one stenographer for each, whose salaries are each $1,800 
per year. The stenographer of the supreme court is paid 
from the state treasury; in the district courts the pay is 
apportioned among the counties comprising the district. 
The justices of the supreme court also receive each $1,500 
per year for reporting their decisions. 

Impeachment.—One other piece of judicial machinery 
is provided by the state, though fortunately no occasion 
has yet arisen for its use. That is the court of impeachment. 
All state, executive and judicial officers, except justices of 
the peace, are subject to impeachment for high crimes or 
misdemeanors or malfeasance in office. 

The sole power of impeachment vests in the house of 
representatives. When an officer has been impeached by 
the house of representatives, he is tried before the senate, 
sitting as a court of impeachment. If two-thirds of the 
senators agree in finding him guilty he is convicted—other¬ 
wise he is acquitted. When the senate tries the governor 
or lieutenant-governor, the chief justice of the supreme 
court presides. When a person is convicted on impeach¬ 
ment he is either suspended or permanently removed from 
office or disqualified from holding any office under the state, 
according 10 the judgment of the senate. 





CHAPTER XI. 


EDUCATION. 

The School District.—For school purposes the county 
is divided by the board of commissioners into school dis¬ 
tricts, designated by numbers. (New districts may be estab¬ 
lished on petition of residents, by the county superintendent, 
subject to appeal to the board of commissioners.) Every 
school district is a body corporate, and may sue and be 
sued, contract, purchase, hold and use personal or real 
property for school purposes, and may sell the same. All 
districts having a population of 12,000 or more are districts 
of the first class, those with a population of from 1,000 to 
12,000 are districts of the second class, and others are dis¬ 
tricts of the third class. The government of the school dis¬ 
tricts is chiefly representative, and is in the hands of a 
board of trustees consisting of seven in districts of the 
.first class, five in districts of the second class, and three in 
districts of the third class. The trustees are elected by 
the voters of the district for terms of three years, and as 
nearly as possible the terms of one-third expire each year. 
The election is held at the school house on the first Saturday 
of April each year, under substantially similar arrange¬ 
ments as those for county elections, except that no regis¬ 
tration is required in districts of the second and third 
classes. At these elections all citizens of the United States, 
male or female, twenty-one years old or more, who have re¬ 
sided in the state one year and in the district thirtv days 

( 80 ) 



EDUCATION 


81 


may vote, and are eligible to the office of trustee. The board 
holds its annual meeting on the third Saturday of April, 
and other regular meetings on the third Saturdays of July, 
October and January. In districts of the first class regular 
meetings are held every month. The trustees choose one 
of their number chairman, and some other person clerk. 
The county treasurer is treasurer of all the school districts in 
his county. If a vacancy occurs in the board of trustees, 
the county superintendent appoints some one to fill the va¬ 
cancy. The trustees have charge of the building or renting 
and repairing and furnishing of school houses, the employ¬ 
ing of teachers and laborers, the fixing of their pay and that 
of the clerk, the general arrangement of courses of study, 
subject to the approval of the county superintendent; they 
establish rules for the government of the schools and en¬ 
force rules prescribed by the superintendent of public in¬ 
struction, and manage the school libraries. 

County High Schools.—Whenever ioo freeholders in 
any county petition the board of county commissioners 
to establish a county high school at some certain place in 
the county, the question is submitted by the board to a 
vote of the electors of the county at a special election. If 
the vote is favorable to the establishment of such a high # 
school, the county board of commissioners appoints six 
resident tax-payers of the county (of whom three must 
be residents of the township where the school is to be 
located), who, together with the county superintendent, 
constitute a county high school board. Thereafter the 
trustees are elected by the school electors of the county at 
the regular school election. These trustees are elected for 
two years, and the terms of one-half expire each year on 
the third Saturday of April. The trustees organize by 
choosing a president and a secretary from among their own 





82 


MONTANA CIVICS 


number. This board has power to erect and equip a build¬ 
ing, employ teachers and establish courses of study. 

County Superintendent.—Any person qualified to vote 
at a school election is eligible to the office of county super¬ 
intendent.* It is the superintendent’s duty to have the 
general supervision of the public schools of the county. 
He visits the schools, advises the teachers, counsels with 
the trustees, decides matters in controversy in the adminis¬ 
tration of school law, holds teachers’ institutes of from 
three to ten days each year, selects persons to instruct 
therein, and presides at the sessions, conducts teachers’ 
examinations, and issues certificates to those who pass the 
examinations, and apportions all school moneys to the differ¬ 
ent districts in the county. 

Teachers’ Certificates.—To be a public school teacher, 
one must be eighteen years of age or older, and must have 
certain evidences of qualification. Such evidence may be 
any one of four things: (i) a certificate of having passed 

an examination before the county superintendent; (2) a 
temporary permit from the county superintendent; (3) a 
diploma from the State Normal College; or (4) a dioloma 
from the State Board of Education. 

(1) County Certificates. County examinations are held 
on the last Friday of February, April, August and Novem¬ 
ber and the day following. The questions are prepared and 
the regulations prescribed by the State Superintendent of 
Public Instruction. The certificates are of four grades, 
known as professional, 1st, 2d and 3d grade. Third grade 
certificates are good only for one year, and are not issued 
more than twice to the same person. Second grade cer¬ 
tificates are good for two years. Both 2d and 3d grade 

* The legislative assembly has passed a law requiring county superintend¬ 
ents to hold certain certificates, but as this law clearly violates Article IX, 
Section 11, of the constitution, it is of course void. 




EDUCATION 


83 


certificates are good only in the county where issued. First 
grade certificates are issued for three* and professional 
certificates for four years, and both are good as long 
as the holder continues teaching and gives good evidence 
of progress and efficiency. Examinations are given in 
the following subjects: penmanship, orthography, reading, 
writing, arithmetic, mental arithmetic, geography, grammar, 
physiology and hygiene, history of the United States, and 
theory and practice of teaching. In addition to these sub¬ 
jects, examinations for 2d grade certificates include civics 
of the United States and Montana, and physical geography. 
Candidates for 1st grade certificates must pass an exam¬ 
ination in all subjects required for the 2d grade, and also 
in American literature and elementary algebra, and for a 
professional certificate to all these must be added physics 
and plane geometry. 

First, second and third grade certificates do not entitle 
the holder to teach in a high school, or to be principal of a 
school of more than two departments. No professional or 
first grade certificate can be issued to any person who has 
not taught successfully for twelve months. 

Special certificates, good for three years, may be issued 
in penmanship, drawing, modern languages or music, enti¬ 
tling the holder to teach only the subjects named. Persons 
who wish to teach in a public kindergarten must pass such 
examination as may be prescribed by the State Normal 
College. 

(2) Temporary Permits. The county superintendent 
may grant a temporary certificate to teach till the next 
regular examination, to a person who can show satisfactory 
reasons for failing to attend a regular examination. Such 
a temporary certificate cannot be granted but once to the 
same person, except that, where it is impossible for such 







84 


MONTANA CIVICS 


person to attend the next regular examination, the superin¬ 
tendent of public instruction may, on application, authorize 
the county superintendent to issue a second permit, or he 
may require the applicant to take a private examination. 

(3) Diploma from the State Normal College. All gradu¬ 
ates of the Montana State Normal College are entitled to 
teach in any public school in the state, without further 
examination, for a term of three years after such gradu¬ 
ation. 

(4) Diplomas from the State Board of Education, (a) 
State diplomas, valid for six years, are issued to persons 
who have held for one year first grade certificates, and 
pass an examination in English literature and mental philos¬ 
ophy, if they have successfully taught five years, of which 
not less than twenty-one months has been in the public 
schools of Montana. State diplomas are sometimes granted 
without examination to experienced teachers who are gradu¬ 
ates of institutions of higher education, or who hold diplo¬ 
mas in other states, (b) Life diplomas are granted, 1st, to 
all graduates of the four years’ course of the Montana 
State Normal College who have taught successfully in the 
public schools of the state for one year; 2d, to graduates 
of the University of Montana or of the three years’ course 
of the State Normal College who have taught successfully 
in the public schools of the state for two years; 3d, to 
experienced teachers who are graduates of other institu¬ 
tions of higher education or who hold life diplomas in other 
states; 4th, to persons who have held first grade certificates 
for one year, and have taught successfully for ten years, 
including at least twenty-one months in the public schools 
of Montana, and who pass an examination in botany, geol- 
ogy, political economy, zoology and general history. 

Duties of Teachers.—The duty of the school teacher 


EDUCATION 


85 


is described in the law as being chiefly to enforce in school 
the course of study and regulations, and to “ endeavor to 
impress on the minds of their pupils the principles of 
morality, truth, justice and patriotism; to teach them to 
avoid idleness, profanity and falsehood, and to instruct 
them in the principles of a free government, and to train 
them up to a true comprehension of the rights, duties and 
dignity of American citizenship.” 

Teachers are cautioned to refrain from undue severity 
in punishment, they must not act as agent for the sale of 
any school books or appliances, they must not teach any 
sectarian or denominational doctrine, and must not leave 
school before the expiration of their contracts, without the 
written consent of the trustees. They are required to keep 
a daily register on blanks furnished by the superintendent 
of public instruction, and to make an annual report to 
the county superintendent, by the ioth of September, and 
such additional reports as may be required by the superin¬ 
tendent of public instruction. 

Teachers are empowered to hold pupils accountable in 
school for conduct on the way to school or during the 
intermission. Teachers may suspend any pupil for good 
cause. They may appeal to the county superintendent if 
dismissed before the expiration of their contracts. They 
are entitled to the protection of the law against insult or 
abuse about the school premises, and they cannot be re¬ 
quired to teach on a legal holiday. 

Text-Books.—A uniform set of text-books for the 
public schools is prescribed by the state board of text-book 
commissioners. Where a majority of the votes cast at a 
school election in any district are in favor of free text¬ 
books, it is the duty of the trustees to purchase books to 






86 


MONTANA CIVICS 


be loaned to pupils, and if necessary, a special tax may be 
levied for the purpose. 

School Libraries.—From five to ten per cent, of the 
county school fund apportioned to each district must be 
devoted to a school library, except that the total amount 
in any district of less than two thousand inhabitants must 
not exceed $50 in one year. In larger districts the amount 
may be not more than $50 for every five hundred children. 

School Finance.—For the support of public schools 
the government of the United States has ceded to the 
state of Montana the sixteenth and thirty-sixth section of 
every township—that is to say, one-eighteenth of all the 
land in the state of Montana. These lands may be leased 
for not more than five years at a time, or sold for not 
less than ten dollars per acre. The government of the 
United States also gives to the state five per cent, of the 
proceeds of the sales of public lands in the state. This 
money, together with the proceeds of the sale of school lands 
sold by the state, is invested, and the interest thereon, to¬ 
gether with the money received from leases of school lands, 
is distributed to the different counties in the proportion 
which the number of children of school age*—that is, be¬ 
tween the ages of six and twenty-one—in a county bears 
to the whole number of such children in the state. Each 
county levies a tax of two mills on each dollar of taxable 
property in the county. This tax, together with the appor¬ 
tionment from the state school fund just mentioned, and 
all fines paid into the county treasury, and the money which 
the county realizes from the inheritance tax, constitutes 

* Persons between the ages of six and twenty-one have a right to attend 
school, but the law requires regular attendance as long as school is in 
session, on the part of all healthy children between eight and fourteen years 
of age, and also those between the ages of fourteen and sixteen who are 
unable to read and write the English language and are not regularly employed. 
The law forbids altogether the employment, in school hours, of any child 
under fourteen, unless he has comoleted the common school course. 



EDUCATION 


8? 

the county school fund. This is apportioned every year by 
the county superintendent to the different districts of the 
county in the proportion which the number of children of 
school age in the district bears to the whole number of 
such children in the county. 

Special Tax.—If any district needs more money than 
this, the trustees of the district certify to the board of 
county commissioners the number of mills (not exceeding 
five) which it is necessary to levy on each dollar of taxable 
property in the district, and the board of commissioners 
causes this to be levied (only on the property in that par¬ 
ticular district), and collected along with the other taxes 
and set apart for the use of the district. 

School Bonds.—To build and furnish school houses 
and to purchase land for them, district boards of trustees 
may issue bonds bearing not more than six per cent, inter¬ 
est, for an amount not greater than three per cent, of the 
value of taxable property in the district, and in no case 
exceeding $251,000. But the plan must first be approved 
by a majority of the votes cast at a special election held 
in the district for the purpose of considering the matter. 
When bonds have been issued in any district, the county 
board of commissioners must, every year, levy a special 
tax on the property in the district sufficient to pay the 
interest on the bonds and to provide a sinking fund suffi¬ 
cient to redeem the bonds at maturity. 

Support of High School.—To meet the expenses of a 
county high school, the board of county commissioners, in 
every county in which there is such a high school, must 
levy every year such a tax, not exceeding three mills on 
each dollar of taxable property in the county, as the school 
board may consider necessary. But the tax may be as high 
as ten mills when a school building is to be erected. The 





88 


MONTANA CIVICS 


high school board may, however, issue bonds for not more 
than $100,000, to run not more than twenty years, to erect 
and equip a high school building and provide a site. But 
this question must first be submitted to a vote of the electors 
of the county, and if bonds are issued, the board of com¬ 
missioners must levy such a tax every year as will suffice 
to pay the interest on the bonds and provide a sinking- 
fund. 

The control which the state exercises in the matter of 
education is chiefly through the superintendent of public 
instruction and the state board of education. 

Superintendent of Public Instruction.—The superin¬ 
tendent of public instruction is one of the elected state 
officers already mentioned.* He has general supervision of 
the public schools throughout the state. He prepares their 
courses of study, he furnishes them with all necessary 
blanks, etc., for reports, he provides them with lists of 
approved books and rules for school libraries, and appor¬ 
tions the state school funds among the counties. He also 
prepares questions and prescribes rules for examinations 
for teachers’ county certificates. He prescribes rules for 
holding teachers’ institutes, and attends and assists at them. 
He sees to the printing of the school laws, furnishes copies 
of them to school officers, advises county superintendents, 
and decides appeals from their decisions. 

State Board of Education.—The state board of educa¬ 
tion consists of the governor, the superintendent of public 
instruction, the attorney general and eight persons ap¬ 
pointed by the governor with the consent of the senate for 
terms of four years, two being appointed each year. The 
board has general control and supervision of all the state 
educational institutions, grants diplomas to their graduates, 


Pages 56, 58. 



EDUCATION 


89 


receives from the state board of land commissioners or 
other sources, funds, incomes and other property to which 
they are entitled, and uses the same for the purposes of 
the grant. The board grants state and life diplomas, and 
appoints and commissions teachers to act as instructors in 
county institutes. The governor is the chairman and the 
superintendent of public instruction is the secretary of the 
board. 

State Institutions.—The educational institutions main¬ 
tained by the state are the University of Montana at Mis¬ 
soula, the Agricultural College of Montana at Bozeman, 
the Montana State Normal College at Dillon, the Montana 
State School of Mines at Butte, and the State School for 
the Deaf and Blind (with special provisions also for the 
instruction of feeble-minded children), at Boulder.* The 
State University is directly managed by the state board of 
education, but the immediate direction of the others, subject 
to the general supervision of the state board of education, 
is vested in separate boards of trustees for each institution. 
The trustees of the School for the Deaf and Blind are three 
in number, and for the other institutions five. The trustees 
of the School of Mines and of the School for the Deaf and 
Blind are elected by the state board of education, and those 
of the Agricultural College and the Normal College are 
appointed by the governor with the consent of the board 
of education. 

Federal Aid.—The federal government has made lib¬ 
eral donations of public lands for the support of the state 
institutions. The amounts of these are: 

University . 46,080.48 acres. 

Agricultural College .140,000 acres. 


* Each of these institutions publishes an annual catalogue giving a great 
deal of information about the work of the institution. Every school ought 
to obtain and study these catalogues. 







90 


MONTANA CIVICS 


Normal College.100,000 acres. 

School of Mines .100,000 acres. 

School for the Deaf and Blind. . . 50,000 acres. 

Whenever any of these lands or the timber thereon are 
sold, the proceeds are invested, and the interest thereon, 
together with rentals received from such lands as are leased, 
is devoted to the maintenance of the respective institutions. 
The federal government also appropriates $25,000 per year 
in money for the expenses of the Agricultural College, and 
$15,000 for an agricultural experiment station at the Agri¬ 
cultural College. The rest of the expenses of all these insti¬ 
tutions are met from appropriations made by the legislative 
assembly from the treasury of the state. 

School Lands.—The leasing and sale of the school 
lands and the lands belonging to the educational and other 
institutions of the state* is in the hands of the state board 
of land commissioners, composed of the governor, the 
superintendent of public instruction, the secretary of state, 
and the attorney general. All records in connection with 
these lands are kept by the register of the state land office, 
an officer appointed by the governor. There is also a state 
land agent, appointed by the governor with the consent 
of the board of land commissioners, to select the lands 
granted to the state, attend to their conveyance to the state, 
and to oversee the cutting of timber thereon. 

* Besides the land grants already mentioned, the federal government has 
given the state 182,000 acres for building the capitol, and 50,000 acres for the 
reform school. 







APPENDIX. 

CONSTITUTION OF MONTANA. 


Framed by the Convention held at Helena. July 4-Aug. 17, 1889. Ratified by the 
people, Oct. i, 1889; in force, Nov. 8, 1889. 

Preamble. —We, the people of Montana, grateful to Almighty 
God for the blessings of liberty, in order to secure the advantages 
of a state government, do, in accordance with the provisions of the 
enabling act of congress, approved the twenty-second of Febru¬ 
ary, A. D. 1889, ordain and establish this constitution. 

ARTICLE I. 

BOUNDARIES. 

Section i. The boundaries of the state of Montana shall be as 
follows, to-wit: Beginning at a point formed by the intersection 
of the twenty-seventh degree of longitude west from Washington 
with the forty-fifth degree of north latitude, thence due west on the 
forty-fifth degree of latitude to a point formed by its intersection 
with the thirty-fourth degree of longitude west from Washington, 
thence due south along the thirty-fourth degree of longitude, to a 
point formed by its intersection with the crest of the Rocky Moun¬ 
tains, thence following the crest of the Rocky Mountains north¬ 
ward to its intersection with the Bitter Root Mountains; thence 
northward along the crest of the Bitter Root Mountains, to its 
intersection with the thirty-ninth degree of longitude west from 
Washington; thence along the thirty-ninth degree of longitude 
northward to the boundary line of the British Possessions; thence 
eastward along that boundary line to the twenty-seventh degree of 
longitude west from Washington; thence southward along the 
twenty-seventh degree of longitude to the place of beginning. 

( 91 ) 




92 


APPENDIX 


ARTICLE II. 

MILITARY RESERVATIONS. 

Section i. Authority is hereby granted to and acknowledged in 
the United States to exercise exclusive legislation as provided by 
the constitution of the United States, over the military reservations 
of Fort Assinaboine, Fort Custer, Fort Keogh, Fort Maginnis, Fort 
Missoula and Fort Shaw, as now established by law, so long as said 
places remain military reservations, to the same extent and with 
the same effect as if said reservations had been purchased by the 
United States by consent of the legislative assembly of the state of 
Montana; and the legislative assembly is authorized and directed 
to enact any law necessary or proper to give effect to this article. 

Provided, That there be and is hereby reserved to the state the 
right to serve all legal process of the state, both civil and criminal, 
upon persons and property found within any of said reservations 
in all cases where the United States has not exclusive jurisdiction. 


ARTICLE III. 

A DECLARATION OF RIGHTS OF THE PEOPLE OF THE STATE OF MONTANA. 

Section i. All political power is vested in and derived from the 
people; all government of right originates with the people; is 
founded upon their will only and is instituted solely for the good of 
the whole. 

Sec. 2. The people of the state have the sole and exclusive 
right of governing themselves, as a free, sovereign and independent 
state, and to alter and abolish their constitution and form of gov¬ 
ernment, whenever they may deem it necessary to their safety and 
happiness, provided such change be not repugnant to the constitution 
of the United States. 

Sec. 3. All persons are born equally free, and have certain 
natural, essential and inalienable rights, among which may be 
reckoned the right of enjoying and defending their lives and lib¬ 
erties, of acquiring, possessing and protecting property, and of 
seeking and obtaining their safety and happiness in all lawful ways. 

Sec. 4. The free exercise and enjoyment of religious profession 
and worship, without discrimination, shall forever hereafter be 
guaranteed, and no person shall be denied any civil or political right 




CONSTITUTION OF MONTANA 


93 


or privilege on account of his opinions concerning religion, but the 
liberty of conscience hereby secured shall not be construed to dis¬ 
pense with oaths or affirmations, excuse acts of licentiousness, by 
bigamous or polygamous marriage, or otherwise, or justify prac¬ 
tices inconsistent with the good order, peace or safety of the state, 
or opposed to the civil authority thereof, or of the United States. 
No person shall be required to attend any place of worship or 
support any ministry, religious sect or denomination, against his 
consent; nor shall any preference be given by law to any religious 
denomination or mode of worship. 

Sec. 5. All elections shall be free and open, and no power, civil 
or military, shall at any time interfere to prevent the free exercise 
of the right of suffrage. 

Sec. 6. Courts of justice shall be open to every person, and a 
speedy remedy afforded for every injury of person, property or 
character; and that right and justice shall be administered without 
sale, denial or delay. 

Sec. 7. The people shall be secure in their persons, papers, 
homes and effects, from unreasonable searches and seizures, and no 
warrant to search any place or seize any person or thing, shall 
issue without describing the place to be searched, or the person 
or thing to be seized, nor without probable cause, supported by 
oath or affirmation, reduced to writing. 

Sec. 8 . Criminal offenses of which justices courts and municipal 
and other courts, inferior to the district courts, have jurisdiction, 
shall, in all courts inferior to the district court, be prosecuted by 
complaint. All criminal actions in the district court, except those 
on appeal, shall be prosecuted by information, after examination and 
commitment, by a magistrate, or after leave granted by the court, 
or shall be prosecuted by indictment without such examination or 
commitment, or without such leave of the court. A grand jury 
shall consist of seven persons, of whom five must concur to find 
an indictment. 

A grand jury shall only be drawn and summoned when the dis¬ 
trict judge shall in his discretion consider it necessary, and shall so 

order. 

Sec. 9. Treason against the state shall consist only in levying 
war against it, or in adhering to its enemies, giving them aid and 
comfort; no person shall be convicted of treason except on the 
testimony of two witnesses to the same overt act. or on his con- 




94 


APPENDIX 


fession in open court; no person shall be attainted of treason or 
felony by the legislative assembly; no conviction shall work cor¬ 
ruption of blood or forfeiture of estate; the estates of persons who 
may destroy their own lives shall descend or vest as in cases of 
natural death. 

Sec. io. No law shall be passed impairing the freedom of 
speech; every person shall be free to speak, write or publish what¬ 
ever he will on any subject, being responsible for all abuse of that 
liberty; and that in all suits and prosecutions for libel, the truth 
thereof may be given in evidence; and the jury, under the direction 
of the court, shall determine the law and the facts. 

Sec. ii. No ex post facto law, nor law impairing the obligation 
of contracts, or making any irrevocable grant of special privileges, 
franchises or immunities shall be passed by the legislative assembly. 

Sec. 12. No person shall be imprisoned for debt except in the 
manner prescribed by law, upon refusal to deliver up his estate for 
the benefit of his creditors, or in cases of tort, where there is 
strong presumption of fraud. 

Sec. 13. The right of any person to keep or bear arms in de¬ 
fense of his own home, person and property, or in aid of the civil 
power when thereto legally summoned, shall not be called in ques¬ 
tion, but nothing herein contained shall be held to permit the carry¬ 
ing of concealed weapons. 

Sec. 14. Private property shall not be taken or damaged for 
public use without just compensation having been first made to, 
or paid into court for the owner. 

Sec. 15. The use of all water now appropriated, or that may 
hereafter be appropriated for sale, rental, distribution or other 
beneficial use and the right of way over the lands of others, for all 
ditches, drains, flumes, canals and aqueducts, necessarily used in 
connection therewith, as well as the sites for reservoirs necessary 
for collecting and storing the same, shall be held to be a public use. 
Private roads may be opened in the manner to be prescribed by 
law, but in every case the necessity of the road, and the amount 
of all damage to be sustained by the opening thereof, shall be first 
determined by a jury, and such amount together with the expenses 
of the proceeding shall be paid by the person to be benefited. 

Sec. 16. In all criminal prosecutions the accused shall have the 
right to appear and defend in person and by counsel; to demand 
the nature and cause of the accusation; to meet the witnesses 



CONSTITUTION OF MONTANA 


95 


against him face to face; to have process to compel the attendance 
of witnesses in his behalf, and a speedy public trial by an impartial 
jury of the county or district in which the offense is alleged to have 
been committed, subject to the right of the state to have a change 
of venue for any of the causes for which the defendant may obtain 
the same. 

Sec. 17. No person shall be imprisoned for the purpose of 
securing his testimony in any criminal proceeding longer than may 
be necessary in order to take his deposition. If he can give 
security for his appearance at the time of trial he shall be dis¬ 
charged upon giving the same; if he cannot give security, his 
deposition shall be taken in the manner prescribed by law, and in 
the presence of the accused and his counsel, or without their 
presence, if they shall fail to attend the examination after reason¬ 
able notice of the time and place thereof. Any deposition authorized 
by this section may be received as evidence on the trial, if the 
witness shall be dead or absent from the state. 

Sec. 18. No person shall be compelled to testify against himself, 
in a criminal proceeding, nor shall any person be twice put in 
jeopardy for the same offense. 

Sec. 19. All persons shall be bailable by sufficient sureties, 
except for capital offenses, when the proof is evident or the pre¬ 
sumption great. 

Sec. 20. Excessive bail shall not be required, or excessive fines 
imposed, or cruel and unusual punishments inflicted. 

Sec. 21. The privilege of the writ of habeas corpus shall never 
be suspended, unless, in case of rebellion, or invasion, the public 
safety require it. 

Sec. 22. The military shall always be in strict subordination to 
the civil power; no soldier shall in time of peace be quartered in 
any house without the consent of the owner, nor in time of war, 
except in the manner prescribed by law. 

Sec. 23. The right of trial by jury shall be secured to all, and 
remain inviolate, but in all civil cases and in all criminal cases not 
amounting to felony, upon default of appearance or by consent of 
the parties expressed in such manner as the law may prescribe, a 
trial by jury may be waived, or a trial had by any less number of 
jurors than the number provided by law. A jury in a justice’s court 
both in civil cases and in cases of criminal misdemeanor shall con¬ 
sist of not more than six persons. In all civil actions and in all 




96 


APPENDIX 


criminal cases not amounting to felony, two-thirds in number of the 
jury may render a verdict, and such verdict so rendered shall have 
the same force and effect as if all of such jury concurred therein. 

Sec. 24. Laws for the punishment of crime shall be founded 
on the principles of reformation and prevention, but this shall not 
affect the power of the legislative assembly to provide for punishing 
offenses by death. 

Sec. 25. Aliens and denizens shall have the same right as citi¬ 
zens to acquire, purchase, possess, enjoy, convey, transmit and in¬ 
herit mines and mining property, and milling, reduction, concentrat¬ 
ing and other works, and real property necessary for or connected 
with the business of mining and treating ores and minerals; Pro¬ 
vided, That nothing herein contained shall be construed to in¬ 
fringe upon the authority of the United States to provide for the 
sale or disposition of its mineral and other public lands. 

Sec. 26. The people shall have the right peaceably to assemble 
for the common good, and to apply to those invested with the 
powers of government for redress of grievances by petition or re¬ 
monstrance. 

Sec. 27. No person shall be deprived of life, liberty, or prop¬ 
erty without due process of law. 

Sec. 28. There shall never be in this state either slavery or 
involuntary servitude, except as a punishment for crime, whereof 
the party shall have been duly convicted. 

Sec. 29. The provisions of this constitution are mandatory and 
prohibitory, unless by express words they are declared to be other¬ 
wise. 

Sec. 30. The enumeration in this constitution of certain rights, 
shall not be construed to deny, impair or disparage others retained 
by the people. 

Sec. 31. No armed person or persons or armed body of men 
shall be brought into this state for the preservation of the peace 
or the suppression of domestic violence, except upon the application 
of the legislative assembly or of the governor when the legislative 
assembly cannot be convened. 

ARTICLE IV. 

DISTRIBUTION OF POWERS. 

Section i. The powers of the government of this state are 
divided into three distinct departments: The legislative, executive, 


CONSTITUTION OF MONTANA 


97 


and judicial, and no person or collection of persons charged with 
the exercise of powers properly belonging to one of these depart¬ 
ments shall exercise any powers properly belonging to either of the 
others, except as in this constitution expressly directed or per¬ 
mitted. 


ARTICLE V. 

LEGISLATIVE DEPARTMENT. 

Section i. The legislative power shall be vested in a senate 
and house of representatives, which shall be designated “The Legis¬ 
lative Assembly of the State of Montana.” 

Sec. 2. Senators shall be elected for the term of four years, 
and representatives for the term of two years, except as otherwise 
provided in this constitution. 

Sec. 3. No person shall be a representative who shall not have 
attained the age of twenty-one years, or a senator who shall not 
have attained the age of twenty-four years, and who shall not 
be a citizen of the United States, and who shall not (for at least 
twelve months next preceding his election) have resided within the 
county or district in which he shall be elected. 

Sec. 4. The legislative assembly of this state, until otherwise 
provided by law. shall consist of sixteen members of the senate, and 
fifty-five members of the house of representatives. 

It shall be the duty of the first legislative assembly to divide 
the state into senatorial and representative districts, but there shall 
be no more than one senator from each county. The senators shall 
be divided into two classes. Those elected from odd numbered 
districts shall constitute one class, and those elected from even 
numbered districts shall constitute the other class; and when any 
additional senator shall be provided for by law his class shall be 
determined by lot. 

One-half of the senators elected to the first legislative assembly 
shall hold office for one year, and the other half for three years; 
and it shall be determined by lot immediately after the organiza¬ 
tion of the senate whether the senators from the odd or even num¬ 
bered districts shall hold for one or three years. 

Sec. 5. Each member of the first legislative assembly, as a 
compensation for his services shall receive six dollars for each 
day’s attendance and twenty cents for each mile necessarily traveled 




APPENDIX 


93 


in going to and returning from the seat of government to his resi¬ 
dence by the usually traveled route, and shall receive no other 
compensation, perquisite or allowance whatsoever. 

No session of the legislative assembly, after the first, which may 
be ninety days, shall exceed sixty days. 

After the first session, the compensation of the members of the 
legislative assembly shall be as provided by law; Provided, That 
no legislative assembly shall fix its own compensation. 

Sec. 6. The legislative assembly (except the first) shall meet 
at the seat of government at twelve o’clock, noon, on the first Mon¬ 
day of January, next succeeding the general election provided by 
law, and at twelve o’clock, noon, on the first Monday of January, of 
each alternate year thereafter, and at other times when convened 
by the governor. 

The term of service of the members thereof shall begin the next 
day after their election, until otherwise provided by law; Provided, 
That the first legislative assembly shall meet at the seat of govern¬ 
ment upon the proclamation of the governor after the admission 
of the state into the union, upon a day to be named in said procla¬ 
mation, and which shall not be more than fifteen nor less than 
ten days after the admission of the state into the union. 

Sec. 7. No senator or representative shall, during the term for 
which he shall have been elected, be appointed to any civil office 
under the state; and no member of congress, or other person hold¬ 
ing an office (except notary public, or in the militia) under the 
United States or this state, shall be a member of either house dur¬ 
ing his continuance in office. 

Sec. 8. No member of either house shall, during the term for 
which he shall have been elected, receive any increase of salary or 
mileage under any law passed during such term. 

Sec. 9. The senate shall, at the beginning and close of each 
regular session, and at such other times as may be necessary, elect 
one of its members president, pro tempore. The house of repre¬ 
sentatives shall elect one of its members speaker. Each house shall 
choose its other officers, and shall judge of the elections, returns, 
and qualifications of its members. 

Sec. 10. A majority of each house shall constitute a quorum 
to do business, but a smaller number may adjourn from day to 
day, and compel the attendance of absent members in such manner 
and under such penalties as each house may prescribe. 







CONSTITUTION OF MONTANA 


93 


Sec. ii. Each house shall have power to determine the rules 
of its proceedings, and punish its members or other persons for 
contempt or disorderly behavior in its presence; to protect its 
members against violence or offers of bribe or private solicitation, 
and with the concurrence of two-thirds, to expel a member, and 
shall have all other powers necessary for the legislative assembly 
of a free state. 

A member expelled for corruption shall not thereafter be eligible 
to either house of the legislative assembly; and punishment for 
contempt or disorderly behavior shall not bar a criminal prosecution 
for the same offense. 

Sec. 12. Each house shall keep a journal of its proceedings 
and may, in its discretion, from time to time, publish the same, 
except such parts as require secrecy, and the ayes and noes on any 
question, shall, at the request of any two members, be entered on 
the journal. 

Sec. 13. The sessions of each house and of the committees of 
the whole shall be open unless the business is such as requires 
secrecy. 

Sec. 14. Neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that 
in which the two houses shall be sitting. 

Sec. 15. The members of the legislative assembly shall, in all 
cases, except treason, felony, violation of their oath of office and 
breach of the peace, be privileged from arrest during their at¬ 
tendance at the sessions of their respective houses, and in going 
to and returning from the same; and for any speech or debate in 
either house they shall not be questioned in any other place. 

Sec. 16. The sole power of impeachment shall vest in the house 
of representatives; the concurrence of a majority of all the members 
being necessary to the exercise thereof. Impeachment shall be 
tried by the senate sitting for that purpose and the senators shall 
be upon oath or affirmation to do justice according to law and evi- 
i dence. When the governor or lieutenant-governor is on trial, the 
chief justice of the supreme court shall preside. No person shall 
i be convicted without a concurrence of two-thirds of the senators 


elected. 

Sec. 17. The governor and other state and judicial officers, 
except justices of the peace, shall be liable to impeachment for high 
crimes and misdemeanors, or malfeasance in office, but judgment in 




100 


APPENDIX 


such cases shall only extend to removal from office and disquali¬ 
fication to hold any office of honor, trust or profit under the laws of 
the state. The party whether convicted or acquitted shall, neverthe¬ 
less, be liable to prosecution, trial, judgment and punishment ac¬ 
cording to law. 

Sec. 18. All officers not liable to impeachment shall be subject 
to removal for misconduct or malfeasance in office, in such manner 
as may be provided by law. 

Sec. 19. No law shall be passed except by bill, and no bill shall 
be so altered or amended on its passage through either house as to 
change its original purpose. 

Sec. 20. The enacting clause of every law shall be as follows: 
“Be it enacted by the Legislative Assembly of the State of Mon¬ 
tana.” 

Sec. 21. No bill for the appropriation of money, except for the 
expenses of the government, shall be introduced within ten days 
of the close of the session, except by unanimous consent of the 
house in which it is sought to be introduced. 

Sec. 22. No bill shall be considered or become a law unless 
referred to a committee, returned therefrom and printed for the 
use of the members. 

Sec. 23. No bill, except general appropriation bills, and bills 
for the codification and general revision of the laws, shall be 
passed containing more than one subject which shall be clearly ex¬ 
pressed in its title; but if any subject shall be embraced in any act 
which shall not be expressed in the title, such act shall be void only 
as to so much thereof as shall not be so expressed. 

Sec. 24. No bill shall become a law except by a vote of a 
majority of all the members present in each house, nor unless on 
its final passage, the vote be taken by ayes and noes, and the names 
of those voting be entered on the journal. 

Sec. 25. No law shall be revised or amended, or the provisions 
thereof extended by reference to its title only, but so much thereof 
as is revised, amended or extended shall be re-enacted and pub¬ 
lished at length. 

Sec. 26. The legislative assembly shall not pass local or special 
laws in any of the following enumerated cases, that is to say: For 
granting divorces; laying out, opening, altering or working roads 
or highways; vacating roads, town plats, streets, alleys or public 
grounds; locating or changing county seats; regulating county or 


CONSTITUTION OF MONTANA 


101 


township affairs; regulating the practice in courts of justice; regu¬ 
lating the jurisdiction and duties of justices of the peace, police 
magistrates or constables; changing the rules of evidence in any 
trial or inquiry; providing for changes of venue in civil or crim¬ 
inal cases; declaring any person of age; for limitation of civil 
actions, or giving effect to informal or invalid deeds; summoning 
or impaneling grand or petit juries; providing for the management 
of common schools; regulating the rate of interest on money; the 
opening or conducting of any election or designating the place of 
voting; the sale or mortgage of real estate belonging to minors or 
others under disability; chartering or* licensing ferries or bridges 
or toll roads; chartering banks, insurance companies and loan and 
trust companies; remitting fines, penalties or forfeitures; creating, 
increasing or decreasing fees, percentages or allowances of public 
officers; changing the law of descent; granting to any corporation, 
association or individual the right to lay down railroad tracks, or 
any special or exclusive privilege, immunity or franchise whatever; 
for the punishment of crimes; changing the names of persons or 
places; for the assessment or collection of taxes; affecting estates 
of deceased persons, minors or others under legal disabilities; ex¬ 
tending the time for the collection of taxes; refunding money paid 
into the state treasury; relinquishing or extinguishing in whole or 
in part the indebtedness, liability or obligation of any corporation or 
person to this state, or to any municipal corporation therein; ex¬ 
empting property from taxation; restoring to citizenship persons 
convicted of infamous crimes; authorizing the creation, extension or 
impairing of liens; creating offices, or prescribing the powers or 
duties of officers in counties, cities, townships or school districts; or 
authorizing the adoption or legitimation of children. In all other 
cases where a general law can be made applicable, no special law 
shall be enacted. 

Sec. 27. The presiding officer of each house shall, in the pres¬ 
ence of the house over which he presides, sign all bills and joint 
resolutions passed by the legislative assembly immediately after 
their titles have been publicly read, and the fact of signing shall be 
at once entered upon the journal. 

Sec. 28. The legislative assembly shall prescribe by law, the 
number, duties and compensation of the officers and employes of 
each house; and no payment shall be made from the state treasury, 









102 


APPENDIX 


or be in any way authorized to any such person, except to an acting 
officer or employe elected or appointed in pursuance of law. 

Sec. 29. No bill shall be passed giving any extra compensation 
to any public officer, servant or employe, agent or contractor, after 
services shall have been rendered or contract made, nor providing 
for the payment of any claim made against the state without pre¬ 
vious authority of law, except as may be otherwise provided herein. 

Sec. 30. All stationery, printing, paper, fuel and lights used 
in the legislative and other departments of government, shall be 
furnished, and the printing, and binding and distribution of the 
laws, journals, and department reports and other printing and 
binding, and the repairing and furnishing the halls and rooms used 
for the meeting of the legislative assembly, and its committees shall 
be performed under contract, to be given to the lowest responsible 
bidder, below such maximum price and under such regulations as 
may be prescribed by law. No member or officer of the govern¬ 
ment shall be in any way interested in any such contract; and all 
such contracts shall be subject to the approval of the governor and 
state treasurer. 

Sec. 31. Except as otherwise provided in this constitution, no 
law shall extend the term of any public officer, or increase or 
diminish his salary or emolument after his election or appointment; 
Provided, That this shall not be construed to forbid the legislative 
assembly from fixing the salaries or emoluments of those officers 
first elected or appointed under this constitution, where such salaries 
or emoluments are not fixed by this constitution. 

Sec. 32. All bills for raising revenue shall originate in the 
house of representatives; but the senate may propose amendments, 
as in the case of other bills. 

. Sec. 33. The general appropriation bills shall embrace nothing 
but appropriations for the ordinary expenses of the legislative, ex¬ 
ecutive and judicial departments of the state, interest on the public 
debt and for public schools. All other appropriations shall be made 
by separate bills, each embracing but one subject. 

Sec 34. No money shall be paid out of the treasury except upon 
appropriations made by law, and on warrant drawn by the proper 
officer in pursuance thereof, except interest on the public debt. 

Sec. 35. No appropriation shall be made for charitable, indus¬ 
trial, educational or benevolent purposes to any person, corporation 



CONSTITUTION OF MONTANA 


103 


or community not under the absolute control of the state, nor to 
any denominational or sectarian institution or association. 

Sec. 36. The legislative assembly shall not delegate to any 
special commission, private corporation or association, any power 
to make, supervise or interfere with any municipal improvements, 
money, property or effects, whether held in trust or otherwise, or 
to levy taxes, or to perform any municipal functions whatever. 

Sec. 37. No act of the legislative assembly shall authorize the 
investment of trust funds by executors, administrators, guardians 
or trustees in the bonds or stock of any private corporation. 

Sec. 38. The legislative assembly shall have no power to pass 
any law authorizing the state, or any county in the state, to con¬ 
tract any debt or obligation in the construction of any railroad, nor 
give or loan its credit to or in aid of the construction of the same. 

Sec. 39. No obligation or liability of any person, association 
or corporation, held or owned by the state, or any municipal cor¬ 
poration therein, shall ever be exchanged, transferred, remitted, re¬ 
leased or postponed, or in any way diminished by the legislative 
assembly; nor shall such liability or obligation be extinguished, 
except by the payment thereof into the proper treasury. 

Sec. 40. Every order, resolution or vote, in which the con¬ 
currence of both houses may be necessary, except on the question 
of adjournment, or relating solely to the transaction of the busi¬ 
ness of the two houses, shall be presented to the governor, and 
before it shall take effect be approved by him, or, being disapproved, 
be repassed by two-thirds of both houses, as prescribed in the case 
of a bill. 

Sec. 41. If any person elected to either house of the legislative 
assembly shall offer or promise to give his vote or influence in favor 
of or against any measure or proposition, pending or proposed to 
be introduced into the legislative assembly, in consideration or upon 
condition that any other person elected to the same legislative 
assembly will give, or will promise or assent to give, his vote or 
influence, in favor of or against any other measure or proposition 
pending or proposed to be introduced into such legislative assembly, 
the person making such offer or promise shall be deemed guilty 
of solicitation of bribery. If any member of the legislative assembly 
shall give his vote or influence for or against any measure or prop¬ 
osition pending or proposed to be introduced in such legislative as¬ 
sembly, or offer, promise or assent so to, upon condition that any 



104 


APPENDIX 


other member will give, or will promise or assent to give his vote 
or influence in favor of or against any other measure or proposition 
pending or proposed to be introduced in such legislative assembly, 
or in consideration that any other member hath given his vote or 
influence for or against any other measure or proposition in such 
legislative assembly, he shall be deemed guilty of bribery, and any 
member of the legislative assembly, or person elected thereto, who 
shall be guilty of either such offenses, shall be expelled and shall 
not thereafter be eligible to the legislative assembly, and on the 
conviction thereof in the civil courts, shall be liable to such further 
penalty as may be prescribed by law. 

Sec. 42. Any person who shall directly or indirectly offer, give 
or promise any money or thing of value, testimonial, privilege or 
personal advantage, to any executive or judicial officer or member 
of the legislative assembly, to influence him in the performance of 
any of his official or public duties, shall be deemed guilty of bribery, 
and be punished in such manner as shall be provided by law. 

Sec. 43. The offense of corrupt solicitation of members of the 
legislative assembly, or of public officers of the state, or of any 
municipal division thereof, and the occupation or practice of solici¬ 
tation of such members or officers, to influence their official action, 
shall be defined by law, and shall be punishable by fine and im¬ 
prisonment. 

Sec. 44. A member who has a personal or private interest in 
any measure or bill proposed or pending before the legislative as¬ 
sembly shall disclose the fact to the house of which he is a member, 
and shall not vote thereon. 

Sec. 45. When vacancies occur in either house the governor or 
the person exercising the functions of the governor shall issue writs 
of election to fill the same. 

ARTICLE VI. 

APPORTIONMENT AND REPRESENTATION. 

Section i. One representative in the congress of the United 
States shall be elected from the state at large, the first Tuesday in 
October, 1889, and thereafter at such times and places, and in such 
manner as may be prescribed by law. When a new apportionment 
shall be made by congress the legislative assembly shall divide the 
state into congressional districts accordingly. 



CONSTITUTION OF MONTANA 


105 


Sec. 2. The legislative assembly shall provide by law for an 
enumeration of the inhabitants of the state in the year 1895 and 
every tenth year thereafter; and at the session next following such 
enumeration, and also at the session next following an enumeration 
made by the authority of the United States, shall revise and adjust 
the apportionment for representatives on the basis of such enumera¬ 
tion according to ratios to be fixed by law. 

Sec. 3. Representative districts may be altered from time to > 
time as public convenience may require. When a representative 
district shall be composed of two or more counties, they shall be 
contiguous, and the districts as compact as may be. No county 
shall be divided in the formation of representative districts. 

Sec. 4. Whenever new counties are created, each of said 
counties shall be entitled to one senator, but in no case shall a 
senatorial district consist of more than one county. 

Sec. 5. The senatorial districts of the state shall be constituted 
and numbered as follows: 

The county of Beaverhead shall constitute the First district, 

and be entitled to one senator. 

The county of Madison shall constitute the Second district, 

and be entitled to one senator. 

The county of Gallatin shall constitute the Third district, and 
be entitled to one senator. 

The county of Jefferson shall constitute the Fourth district, 

and be entitled to one senator. 

The county of Deer Lodge shall constitute the Fifth district, 
and be entitled to one senator. 

The county of Missoula shall constitute the Sixth district, and 
be entitled to one senator. 

The county of Lewis and Clarke shall constitute the Seventh 
district, and be entitled to one senator. 

The county of Chouteau shall constitute the Eighth district, and 
be entitled to one senator. 

The county of Meagher shall constitute the Ninth district, and 
be entitled to one senator. 

The county of Silver Bow shall constitute the Tenth district, 
and be entitled to one senator. 

The county of Custer shall constitute the Eleventh district, and 
be entitled to one senator. 



106 


APPENDIX 


The county of Yellowstone shall constitute the Twelfth district, 
and be entitled to one senator. 

The county of Dawson shall constitute the Thirteenth district, 
and be entitled to one senator. 

The county of Fergus shall constitute the Fourteenth district, 
and be entitled to one senator. 

The county of Park shall constitute the Fifteenth district, and 
be entited to one senator. 

The county of Cascade shall constitute the Sixteenth district, 
and be entitled to one senator. 

Sec. 6 . Until an apportionment of representatives be made 
in accordance with the provisions of this article, they shall be 
divided among the several counties of the state in the following 
manner: 

The county of Beaverhead shall have two (2). 

The county of Madison shall have two (2). 

The county of Gallatin shall have two (2). 

The county of Jefferson shall have three (3). 

The county of Deer Lodge shall have seven (7). 

The county of Missoula shall have five (5). 

The county of Lewis and Clarke shall have eight (8). 

The county of Chouteau shall have two (2). 

The county of Meagher shall have two (2). 

The county of Silver Bow shall have ten (10). 

The county of Custer shall have two (2). 

The county of Yellowstone shall have one (i). 

The county of Fergus shall have two (2). 

The county of Park shall have two (2). 

The county of Cascade shall have two (2). 

The counties of Dawson and Cascade shall have one (1) jointly. 

The counties of Deer Lodge and Beaverhead shall have one (1) 
jointly. 

The counties of Jefferson and Gallatin shall have one (1) jointly. 
ARTICLE VII. 

EXECUTIVE DEPARTMENT. 

Section i. The executive department shall consist of a govern¬ 
or, lieutenant governor, secretary of state, attorney general, state 
treasurer, state auditor and superintendent of public instruction, 



CONSTITUTION OF MONTANA 


107 


each of whom shall hold his office for four years, or until his suc¬ 
cessor is elected and qualified, beginning on the first Monday of 
January next succeeding his election, except that the terms of office 
of those who are elected at the first election, shall begin when the 
state shall be admitted into the union, and shall end on the first 
Monday of January, A. D. 1893. The officers of the executive de¬ 
partment, excepting the lieutenant governor, shall during their terms 
of office reside at the seat of government, where they shall keep the 
public records, books and papers. They shall perform such duties 
as are prescribed in this constitution and by the laws of the state. 
The state treasurer shall not be eligible to his office for the succeed¬ 
ing term. 

Sec. 2. The officers provided for in section 1 of this article, 
shall be elected by the qualified electors of the state at the time 
and place of voting for members of the legislative assembly, and the 
persons respectively, having the highest number of votes for the 
office voted for shall be elected; but if two or more shall have an 
equal and the highest number of votes for any one of said offices, 
the two houses of the legislative assembly, at its next regular ses¬ 
sion, shall forthwith, by joint ballot, elect one of such persons for 
said office. The returns of election for the officers named in section 
1 shall be made in such manner as may be prescribed by law, and 
all contested elections of the same, other than provided for in this 
section, shall be determined as may be prescribed by law. 

Sec. 3. No person shall be eligible to the office of governor, 
lieutenant governor, or superintendent of public instruction, unless 
he shall have attained the age of thirty years at the time of his 
election, nor to the office of secretary of state, state auditor, or state 
treasurer, unless he shall have attained the age of twenty-five years, 
nor to the office of attorney general unless he shall have attained 
the age of thirty years, and have been admitted to practice in the 
supreme court of the state, or territory, of Montana, and be in 
good standing at the time of his election. In addition to the quali¬ 
fications above prescribed, each of the officers named shall be a 
citizen of the United States, and have resided within the state of 
territory two years next preceding his election. 

Sec. 4. Until otherwise provided by law, the governor, secre¬ 
tary of state, state auditor, treasurer, attorney general and super¬ 
intendent of public instruction, shall quarterly as due, during their 




108 


APPENDIX 


continuance in office, receive for their services compensation, which 
is fixed as follows: 

Governor, five thousand dollars per annum; 

Secretary of state, three thousand dollars per annum; 

Attorney general, three thousand dollars per annum; 

State treasurer, three thousand dollars per annum; 

State auditor, three thousand dollars per annum; 

Superintendent of public instruction, two thousand five hundred 
dollars per annum. 

The lieutenant governor shall receive the same per diem as may 
be prescribed by law, for the speaker of the legislative assembly, to 
be allowed only during the sessions of the legislative assembly. 

The compensation enumerated shall be in full for all services by 
said officers respectively rendered in any official capacity or employ¬ 
ment whatever during their respective terms of office, and the salary 
of no official shall be increased during his term of office. No officer 
named in this section shall receive, for the performance of any 
official duty, any fee for his own use, but all fees fixed by law for 
the performance by any officer of any official duty, shall be collected 
in advance, and deposited with the state treasurer quarterly to the 
credit of the state. No officer mentioned in this section shall be 
eligible to, or hold any other public office, except member of the 
state board of education during his term of office. 

Sec. 5. The supreme executive power of the state shall be vested 
in the governor, who shall see that the laws are faithfully executed. 

Sec. 6. The governor shall be commander-in-chief of the militia 
forces of the state, except when these forces are in the actual 
service of the United States, and shall have power to call out any 
part or the whole of said forces to aid in the execution of the laws, 
to suppress insurrection or to repel invasion. 

Sec. 7. The governor shall nominate, and by and with the con¬ 
sent of the senate, appoint all officers whose offices are established 
by this constitution, or which may be created by law, and whose 
appointment or election is not otherwise provided for. If during 
a recess of the senate a vacancy occur in any such office, the gov¬ 
ernor shall appoint some fit person to discharge the duties thereof 
until the next meeting of the senate, when he shall nominate some 
person to fill such office. If the office of secretary of state, state audi¬ 
tor, state treasurer, attorney general, or superintendent of public in¬ 
struction shall be vacated by death, resignation or otherwise, it shall 



CONSTITUTION OF MONTANA 


109 


be the duty of the governor to fill the same by appointment, and 
the appointee shall hold his office until his successor shall be elected 
and qualified. 

Sec. 8. The legislative assembly shall provide for a state ex¬ 
aminer, who shall be appointed by the governor and confirmed by 
the senate. His duty shall be to examine the accounts of the state 
treasurer, supreme court clerks, district court clerks, and all county 
treasurers, and treasurers of such other public institutions as may 
be prescribed by law, and he shall perform such other duties as the 
legislative assembly may prescribe. He shall report at least once a 
year and oftener if required to such officers as may be designated 
by the legislative assembly. His compensation shall be fixed by law. 

Sec. 9. The governor shall have the power to grant pardons, 
absolute and conditional, and to remit fines and forfeitures, and to 
grant commutation of punishments and respites after conviction 
and judgment for any offenses committed against the criminal laws 
of this state; Provided, however. That before granting pardons, re¬ 
mitting fines and forfeitures, or commuting punishments, the action 
of the governor concerning the same shall be approved by a board, 
or a majority thereof, composed of the secretary of state, attorney 
general and state auditor, who shall be known as the board of 
pardons. The legislative assembly shall by law prescribe the ses¬ 
sions of said board, and regulate the proceedings thereof. But no 
fine or forfeitures shall be remitted, and no commutation or pardon 
granted, except upon the approval of a majority of said board 
after a full hearing in open session and until notice of the time 
and place of such hearing, and of the relief sought, shall have been 
given by publication in some newspaper of general circulation in 
the county where the crime was committed, at least once a week 
for two weeks. The proceedings and decisions of the board shall 
be reduced to writing, and with their reasons for their action in 
each case, and the dissent of any member who may disagree, signed 
by them and filed, with all papers used upon the hearing, in the 
office of the secretary of state. The governor shall communicate 
to the legislative assembly, at each regular session, each case of 
remission of fine or forfeiture, reprieve, commutation or pardon 
granted since the last previous report, stating the name of the 
convict, the crime of which he was convicted, the sentence and its 
date, and the date of remission, commutation, pardon or reprieve, 



no 


APPENDIX 


with the reasons for granting the same and the objections, if any, 
of any member of the board made thereto. 

Sec. io. The governor may require information in writing from 
the officers of the executive department upon any subject relating 
to the duties of their respective offices, which information shall be 
given upon oath whenever so required; he may also require infor¬ 
mation in writing, at any time, under oath, from all officers and 
managers of state institutions, upon any subject relating to the con¬ 
dition, management and expenses of their respective offices and 
institutions, and may, at any time he deems it necessary, appoint 
a committee to investigate and report to him upon the condition of 
any executive office or state institution. The governor shall at the 
beginning of each session, and from time to time by message, give 
to the legislative assembly information of the state, and shall recom¬ 
mend such measures as he shall deem expedient. He shall also send 
to the legislative assembly a statement with vouchers of the expendi¬ 
tures of all moneys belonging to the state and paid out by him. He 
shall also at the beginning of each session present estimates of the 
amount of money required to be raised by taxation for all pur¬ 
poses of the state. 

Sec. ii. He may on extraordinary occasions convene the legis¬ 
lative assembly by proclamation, stating the purposes for which 
it is convened, but when so convened, it shall have no power to 
legislate on any subjects other than those specified in the proclama¬ 
tion, or which may be recommended by the governor, but may pro¬ 
vide for the expenses of the session and other matters incidental 
thereto. Pie may also by proclamation, convene the senate in ex¬ 
traordinary session for the transaction of executive business. 

Sec. 12. Every bill passed by the legislative assembly shall, 
before it becomes a law, be presented to the governor. If he ap¬ 
prove, he shall sign it, and thereupon it shall become a law, but if 
he do not approve, he shall return it with his objections to the 
house in which it originated, which house shall enter the objections 
at large upon its journal and proceed to reconsider the bill. If then 
two-thirds of the members present agree to pass the same, it shall 
be sent, together with the objections, to the other house, by which 
it shall likewise be reconsidered, and if approved by two-thirds of 
the members present in that house it shall become a law notwith¬ 
standing the objections of the governor. In all such cases the vote 
of each house shall be determined by yeas and nays, to be entered 



CONSTITUTION 6F MONTANA 


111 


on the journal. If any bill shall not be returned by the governor 
within five days (Sundays excepted) after it shall have been pre¬ 
sented to him, the same shall be a law, in like manner as if he 
had signed it, unless the legislative assembly shall by their ad¬ 
journment prevent its return, in which case it shall not become a 
law, without the approval of the governor. No bill shall become a 
law after the final adjournment of the legislative assembly, unless 
approved by the governor within fifteen days after such adjourn¬ 
ment. In case the governor shall fail to approve of any bill after 
the final adjournment of the legislative assembly it shall be filed, 
with his objections, in the office of the secretary of state. 

Sec. 13. The governor shall have power to disapprove of any 
item or items of any bill making appropriations of money, embrac¬ 
ing distinct items, and the part or parts approved shall become a 
law, and the item or items disapproved shall be void, unless enacted 
in the manner following: If the legislative assembly be in session 
he shall within five days transmit to the house in which the bill 
originated, a copy of the item or items thereof disapproved, to¬ 
gether with his objections thereto, and the items objected to shall 
be separately reconsidered, and each item shall take the same course 
as is prescribed for the passage of bills over the executive veto. 

Sec. 14. In case of the failure to qualify, the impeachment or 
conviction of felony or infamous crime of the governor, or his 
death, removal from office, resignation, absence from the state 
or inability to discharge the powers and duties of his office, the 
powers, duties and emoluments of the office, for the residue of the 
term, or until the disability shall cease, shall devolve upon the 
lieutenant governor. 

Sec. 15. The lieutenant governor shall be president of the sen¬ 
ate, but shall vote only when the senate is equally divided. In 
case of the absence or disqualification of the lieutenant governor, 
from any cause which applies to the governor, or when he shall 
hold the office of governor, then the president pro tempore of the 
senate shall perform the duties of the lieutenant governor until the 
vacancy is filled or the disability removed. 

Sec. 16. In case of the failure to qualify in his office, death, 
resignation, absence from the state, impeachment, conviction of 
felony or infamous crime, or disqualification from any cause, of 
both the governor and the lieutenant governor, the duties of the 
governor shall devolve upon the president pro tempore of the senate 


112 


APPENDIX 


until such disqualification of either the governor or lieutenant 
governor be removed, or the vacancy filled, and if the president pro 
tempore of the senate, for any of the above named causes, shall be¬ 
come incapable of performing the duties of governor, the same 
shall devolve upon the speaker of the house. 

Sec. i7. The first legislative assembly shall provide a seal for 
the state, which shall be kept by the secretary of state and used by 
him officially, and known as the great seal of the state of Montana. 

Sec. 18. All grants and commissions shall be in the name and 
by the authority of the state of Montana, sealed with the great seal 
of the state, signed by the governor, and countersigned by the 
secretary of state. 

Sec. 19. An account shall be kept by the officers of the executive 
department, and of all public institutions of the state of all moneys 
received by them, severally from all sources, and for every service 
performed, and of all moneys disbursed by them severally, and a 
semi-annual report hereof shall be made to the governor, under 
oath; they shall also, at least twenty days preceding each regular 
session of the legislative assembly, make full and complete reports 
of their official transactions to the governor, who shall transmit 
the same to the legislative assembly. 

Sec. 20. The governor, secretary of state and attorney general 
shall constitute a board of state prison commissioners, which board 
shall have such supervision of all matters connected with the state 
prisons as may be prescribed by law. They shall constitute a board 
of examiners, with power to examine all claims against the state, 
except salaries or compensation of officers fixed by law, and per¬ 
form such other duties as may be prescribed by law. And no claims 
against the state except for salaries and compensation of officers 
fixed by law, shall be passed upon by the legislative assembly with¬ 
out first having been considered and acted upon by said board. 
The legislative assembly may provide for the temporary suspension 
of the state treasurer by the governor, when the board of exam¬ 
iners deem such action necessary for the protection of the moneys 
of the state. 

ARTICLE VIII. 

JUDICIAL DEPARTMENTS. 

Section i. The judicial power of the state shall be vested in 
the senate sitting as a court of impeachment, in a supreme court, 


CONSTITUTION OF MONTANA 


113 


district court, justices of the peace, and such other inferior courts 
as the legislative assembly may establish in any incorporated city 
or town. 

Sec. 2. The supreme court, except as otherwise provided in 
this constitution, shall have appellate jurisdiction only, which shall 
be co-extensive with the state, and shall have a general super¬ 
visory control over all inferior courts, under such regulations and 
limitations as may be prescribed by law. 

Sec. 3. The appellate jurisdiction of the supreme court shall 
extend to all cases at law and in equity, subject, however, to such 
limitations and regulations as may be prescribed by law. Said 
court shall have power in its discretion to issue and to hear and de¬ 
termine writs of habeas corpus, mandamus, quo-warranto, certio¬ 
rari, prohibition and injunction, and such other original and reme¬ 
dial writs as may be necessary or proper to complete exercise of its 
appellate jurisdiction. When a jury is required in the supreme 
court to determine an issue of fact, said court shall have power 
to summon such jury in such manner as may be provided by law. 
Each of the justices of the supreme court shall have power to issue 
writs of habeas corpus to any part of the state, upon petition by 
or on behalf of, any person held in actual custody, and may make 
such writs returnable before himself, or the supreme court, or be¬ 
fore any district court of the state or any judge thereof; and such 
writs may be heard and determined by the justice or court, or judge, 
before whom they are made returnable. Each of the justices of the 
supreme court may also issue and hear and determine writs of 
certiorari in proceedings for contempt in the district court, and 
such other writs as he may be authorized by law to issue. 

Sec. 4. At least three terms of the supreme court shall be held 
each year at the seat of government. 

Sec. 5. The supreme court shall consist of three justices, a 
majority of whom shall be necessary to form a quorum or pro¬ 
nounce a decision, but one or more of said justices may adjourn 
the court from day to day, or to a day certain, and the legislative 
assembly shall have the power to increase the number of such 
justices to not less nor more than five. 

[In case any justice or justices of the supreme court shall be 
in any way disqualified to sit in a cause brought before such court, 
the remaining justice or justices shall have power to call on one 
or more of the district judges of this state as in the particular 


114 


APPENDIX 


case may be necessary to constitute the full number of justices of 
which the said court shall then be composed, to sit with them in 
the hearing of said cause. 

In all cases where a district judge is invited to sit and does sit 
as by this section provided, the decision and opinion of such district 
judge shall have the same force and effect in any case heard before 
the court as if regularly participated in by a justice of the supreme 
court.]* 

Sec 6. The justices of the supreme court shall be elected by 
electors of the state at large, as hereinafter provided. 

Sec. 7. The term of office of the justices of the supreme court, 
except as in this constitution otherwise provided, shall be six 
years. 

Sec. 8. There shall be elected at the first general election, pro¬ 
vided for by this constitution, one chief justice and two associate 
justices of the supreme court. At said first election the chief justice 
shall be elected to hold his office until the general election in the 
year one thousand eight hundred ninety-two (1892), and one of the 
associate justices to hold his office until the general election in the 
year one thousand eight hundred ninety-four (1894), and the other 
associate justice to hold his office until the general election in the 
year one thousand eight hundred ninety-six (1896), and each shall 
hold until his successor is elected and qualified. The terms of office 
of said justices, and which one shall be chief justice, shall at the 
first and all subsequent elections be designated by ballot. After 
said first election one chief justice or one associate justice shall be 
elected at the general election every two years, commencing in the 
year one thousand eight hundred ninety-two (1892), and if the 
legislative assembly shall increase the number of justices to five, the 
first terms of office of such additional justices shall be fixed by law 
in such manner that at least one of the five justices shall be elected 
every two years. The chief justice shall preside at all sessions of 
the supreme court, and in case of his absence, the associate justice 
having the shortest term to serve shall preside in his stead. 

Sec. 9. There shall be a clerk of the supreme court, who shall 
hold his office for the term of six years, except that the clerk 
first elected shall hold his office only until the general election in 

* The two paragraphs enclosed in brackets were added to the constitution by an 
amendment proposed by the Sixth Legislative Assembly, and ratified at the general 
election, November 6, 1900. 




CONSTITUTION OF MONTANA 


115 


the year one thousand eight hundred ninety-two (1892), and until 
his successor is elected and qualified. He shall be elected by the 
electors at large of the state, and his compensation shall be fixed 
by law, and his duties prescribed by law, and by the rules of the 
supreme court. 

Sec. 10. No person shall be eligible to the office of justice of 
the supreme court, unless he shall have been admitted to practice 
law in the supreme court of the territory or state of Montana, be 
at least thirty years of age, and a citizen of the United States, nor 
unless he shall have resided in said territory or state at least two 
years next preceding his election. 

DISTRICT COURTS. 

Sec. II. The district court shall have original jurisdiction in 
all cases at law and in equity, including all cases which involve the 
title or right of possession of real property, or the legality of any 
tax, impost, assessment, toll or municipal fine, and in all cases in 
which the debt, damage, claim or demand, exclusive of interest, 
or the value of the property in controversy exceeds fifty dollars; 
and in all criminal cases amounting to felony, and in all cases of 
misdemeanor not otherwise provided for; of actions of forcible 
entry and unlawful detainer; of proceedings in insolvency; of 
actions to prevent or abate a nuisance; of all matters of probate; 
of actions of divorce and for annullment of marriage, and for all 
such special actions and proceedings as are not otherwise provided 
for. And said courts shall have the power of naturalization, and 
to issue papers therefor, in all cases where they are authorized 
so to do by the laws of the United States. They shall have appel¬ 
late jurisdiction in such cases arising in justices’ and other inferior 
courts in their respective districts as may be prescribed by law, 
and consistent with this constitution. Their process shall extend 
to all parts of the state, provided that all actions for the recovery 
of, the possession of, quieting the title to, or for the enforcement 
of liens upon real property, shall be commenced in the county 
in which the real property, or any part thereof, affected by such 
action or actions, is situated. Said courts and the judges thereof 
shall have power also to issue, hear and determine writs of man¬ 
damus, quo warranto, certiorari, prohibition, injunction and other 
original and remedial writs, and also all writs of habeas corpus 



116 


APPENDIX 


on petition by, or on behalf of, any person held in actual custody 
in their respective districts. Injunctions, writs of prohibition and 
habeas corpus, may be issued and served on legal holidays and non¬ 
judicial days. 

Sec. 12. The state shall be divided into judicial districts, in 
each of which there shall be elected by the electors thereof one 
judge of the district court, whose term of office shall be four years, 
except that the district judges first elected shall hold their offices 
only until the general election in the year one thousand eight hun¬ 
dred and ninety-two (1892), and until their successors are elected 
and qualified. Any judge of the district court may hold court for 
any other district judge, and shall do so when required by law. 

Sec. 13. Until otherwise provided by law the judicial districts 
of the state shall be constituted as follows: First district, Lewis 
and Clarke county; Second district, Silver Bow county; third dis¬ 
trict, Deer Lodge county; Fourth district, Missoula county; Fifth 
district, Beaverhead. Jefferson and Madison counties; Sixth dis¬ 
trict, Gallatin, Park and Meagher counties; Seventh district, Yel¬ 
lowstone, Custer and Dawson counties; Eighth district, Chouteau, 
Cascade and Fergus counties. 

Sec. 14. The legislative assembly may increase or decrease the 
number of judges in any judicial district; provided, that there shall 
be at least one judge in any district established by law; and may 
divide the state, or any part thereof, into new districts; provided, 
that each be formed of compact territory and be bounded by 
county lines, but no changes in the number or boundaries of dis¬ 
tricts shall work a removal of any judge from office during the 
term for which he has been elected or appointed. 

Sec. 15. Writs of error and appeals shall be allowed from the 
decisions of the said district courts to the supreme court under 
such regulations as may be prescribed by law. 

Sec. 16. No person shall be eligible to the office of judge of 
the district court unless he be at least twenty-five years of age and 
a citizen of the United States, and shall have been admitted to 
practice law in the supreme court of the territory or state of Mon¬ 
tana, nor unless he shall have resided in this state or territory at 
least one year next preceding his election. He need not be a resi¬ 
dent of the district for which he is elected at the time of his 
election, but after his election he shall reside in the district for 
which he is elected during his term of office. 



CONSTITUTION OF MONTANA 


117 


Sec. i 7. The district court in each county which is a judicial 
district by itself shall be always open for the transaction of busi¬ 
ness, except on legal holidays and non-judicial days. In each dis¬ 
trict where two or more counties are united, until otherwise pro¬ 
vided by law, the judges of such district shall fix the term of 
court, provided that there shall be at least four terms a year held 
in each county. 

Sec. 18. There shall be a clerk of the district court in each 
county, who shall be elected by the electors of his county. The 
clerk shall be elected at the same time and for the same term as 
the district judge. The duties and compensation of the said clerk 
shall be as provided by law. 

COUNTY ATTORNEYS. 

Sec. 19. There shall be elected at the general election in each 
county of the state one county attorney, whose qualifications shall 
be the same as are required for a judge of the district court, 
except that he must be over twenty-one years of age, but need 
not be twenty-five years of age, and whose term of office shall be 
two years, except that the county attorneys first elected shall hold 
their offices until the general election in the year one thousand 
eight hundred and ninety-two (1892), and until their successors 
are elected and qualified. He shall have a salary to be fixed by 
law, one-half of which shall be paid by the state, and the other 
half by the county for which he is elected, and he shall perform 
such duties as may be required by law. 

justices of the peace. 

Sec. 20. There shall be elected in each organized township of 
each county by the electors of such township at least two justices 
of the peace, who shall hold their offices except as otherwise pro¬ 
vided in this constitution, for the term of two years. Justices’ 
courts shall have such original jurisdiction within their respective 
counties as may be prescribed by law, except as in this constitu¬ 
tion otherwise provided; provided , that they shall not have juris¬ 
diction in any case where the debt, damage, claim or value of the 
property involved exceeds the sum of three hundred dollars. 

Sec. 21. Justices’ courts shall not have jurisdiction in any 
case involving the title or right of possession of real property, nor 





118 


APPENDIX 


in cases of divorce, nor for annullment of marriage, nor of cases 
in equity; nor shall they have power to issue writs of habeas 
corpus, mandamus, certiorari, quo warranto, injunction, or pro¬ 
hibition, nor the power of naturalization; nor shall they have 
jurisdiction in cases of felony, except as examining courts; nor 
shall criminal cases in said courts be prosecuted by indictment; 
but said courts shall have such jurisdiction in criminal matters, 
not of the grade of felony, as may be provided by law; and shall 
also have concurrent jurisdiction with the district courts, in cases 
of forcible entry and unlawful detainer. 

Sec. 22. Justices’ courts shall always be open for the transac¬ 
tion of business, except on legal holidays and non-judicial days. 

Sec. 23. Appeals shall be allowed from justices’ courts, in all 
cases, to the district courts, in such manner and under such regu¬ 
lations as may be prescribed by law. 

POLICE AND MUNICIPAL COURTS. 

Sec. 24. The legislative assembly shall have power to provide 
for creating such police and municipal courts and magistrates for 
cities and towns as may be deemed necessary from time to time, 
who shall have jurisdiction in all cases arising under the ordi¬ 
nances of such cities and towns, respectively; such police magis¬ 
trates may also be constituted ex officio justices of the peace for 
their respective counties. 

Sec. 25. The supreme and district courts shall be courts of 
record. 

Sec. 26. All laws relating to courts shall be general and of 
uniform operation throughout the state; and the organization, 
jurisdiction, powers, proceedings and practice of all courts of the 
same class or grade, so far as regulated by law, shall be uniform. 

Sec. 27. The style of all process shall be “The State of Mon¬ 
tana” and all prosecutions shall be conducted in the name and by 
the authority of the same. 

Sec. 28. There shall be but one form of civil action, and law 
and equity may be administered in the same action. 

Sec. 29. The justices of the supreme court and the judges of 
the district courts shall each be paid quarterly by the state, a 
salary which shall not be increased or diminished during the 
terms for which they shall have been respectively elected. Until 


CONSTITUTION OF MONTANA 


119 


otherwise provided by law, the salary of the justices of the su¬ 
preme court shall be four thousand dollars per annum each, and 
the salary of the judges of the district courts shall be three thou¬ 
sand five hundred dollars per annum each. 

Sec. 30. No justice of the supreme court nor judge of the 
district court shall accept or receive any compensation, fee, allow¬ 
ance, mileage, perquisite or emolument for or on account of his 
office in any form whatever, except the salary provided by law. 

Sec. 31. No justice or clerk of the supreme court, nor judge 
or clerk of any district court shall act or practice as an attorney, 
or counsellor at law in any court of this state during his con¬ 
tinuance in office. 

Sec. 32. The legislative assembly may provide for the publica¬ 
tion of decisions and opinions of the supreme court. 

Sec. 33. All officers provided for in this article, excepting jus¬ 
tices of the supreme court, who shall reside within the state, shall 
respectively reside during their term of office in the district, county, 
township, precinct, city or town for which they may be elected or 
appointed. 

Sec. 34. Vacancies in the office of justice of the supreme court, 
or judge of the district court, or clerk of the supreme court, shall 
be filled by appointment, by the governor of the state, and vacan¬ 
cies in the offices of county attorneys, clerk of the district court, 
and justices of the peace shall be filled by appointment by the 
board of county commissioners of the county where such vacancy 
occurs. A person appointed to fill any such vacancy shall hold his 
office until his successor is elected and qualified. A person elected 
to fill a vacancy shall hold office until the expiration of the term 
for which the person he succeeds was elected. 

Sec. 35. No justice of the supreme court or district judge 
shall hold any other public office while he remains in the office 
to which he has been elected or appointed. 

Sec. 36. A civil action in the district court may be tried by a 
judge pro tempore, who must be a member of the bar of the state, 
agreed upon in writing by the parties litigant, or their attorneys 
of record, approved by the court, and sworn to try the cause; 
and in such case any order, judgment or decree, made or rendered 
therein by such judge pro tempore, shall have the same force and 
effect as if made or rendered by the court with the regular judge 
presiding. 






120 


APPENDIX 


Sec. 37. Any judicial officer who shall absent himself from 
the state for more than sixty consecutive days shall be deemed to 
have forfeited his office. 


ARTICLE IX. 

RIGHTS OF SUFFRAGE AND QUALIFICATIONS TO HOLD OFFICE. 

Section 1. All elections of the people shall be by ballot. 

Sec. 2. Every male person of the age of twenty-one years or 
over, possessing the following qualifications, shall be entitled to 
vote at all general elections and for all officers that now are, or 
hereafter may be, elective by the people and upon all questions 
which may be submitted to the vote of the people: First, he shall 
be a citizen of the United States; second, he shall have resided in 
this state one year immediately preceding the election at which 
he offers to vote, and in the town, county or precinct such time 
as may be prescribed by law; provided, first that no person con¬ 
victed of felony shall have the right to vote unless he has been 
pardoned; provided, second, that nothing herein contained shall 
be construed to deprive any person of the right to vote who has 
such right at the time of the adoption of this constitution; pro¬ 
vided, that after the expiration of five years from the time of the 
adoption of this constitution no person except citizens of the 
United States shall have the right to vote. 

Sec. 3. For the purpose of voting no person shall be deemed 
to have gained or lost a residence by reason of his presence or 
absence while employed in the service of the state, or of the 
United States, nor while a student at any institution of learning, 
nor while kept at any alms-house or other asylum at the public 
expense, nor while confined in any public prison. 

Sec. 4. Electors shall in all cases, except treason, felony or 
breach of the peace, be privileged from arrest during their attend¬ 
ance at elections and in going to and returning therefrom. 

Sec. 5. No elector shall be obliged to perform military duty 
on the days of election, except in time of war or public danger. 

Sec. 6. No soldier, seaman or marine in the army or navy of 
the United States shall be deemed a resident of this state in conse¬ 
quence of being stationed at any military or naval place within 
the same. 

Sec. 7. No person shall be elected or nominated to any office 


CONSTITUTION OF MONTANA 


121 


in this state, civil or military, who is not a citizen of the United 
States, and who shall not have resided in this state at least one 
year next before his election or appointment. 

Sec. 8. No idiot or insane person shall be entitled to vote at 
any election in this state. 

Sec. 9. The legislative assembly shall have the power to pass 
a registration and such other laws as may be necessary to secure 
the purity of elections and guard against abuses of the elective 
franchise. 

Sec. 10. Women shall be eligible to hold the office of county 
superintendent of schools or any school district office and shall 
have the right to vote at any school district election. 

Sec. 11. Any person qualified to vote at general elections and 
for state officers in this state shall be eligible to any office therein 
except as otherwise provided in this constitution, and subject to 
such additional qualifications as may be prescribed by the legisla¬ 
tive assembly for city offices and offices hereafter created. 

Sec. 12. Upon all questions submitted to the vote of the tax¬ 
payers of the state, or sfhy political division thereof, women who 
are tax-payers and possessed of the qualifications for the right of 
suffrage required of men by this constitution shall equally, with 
men, have the right to vote. 

Sec. 13. In all elections held by the people under this constitu¬ 
tion, the person or persons who shall receive the highest number 
of legal votes, shall be declared elected. 

ARTICLE X. 

STATE INSTITUTIONS AND PUBLIC BUILDINGS. 

Section 1. Educational, reformatory and penal institutions, 
and those for the benefit of the insane, blind, deaf and mute, sol¬ 
diers’ home, and such other institutions as the public good may 
require, shall be established and supported by the state in such a 
manner as may be prescribed by law. 

Sec. 2. At the general election in the year one thousand eight 
hundred and ninety-two, the question of permanent location of 
the seat of government is hereby provided to be submitted to the 
qualified electors of the state and the majority of all the votes 
upon said question shall determine the location thereof. In case 
there shall be no choice of location at said election, the question 




122 


APPENDIX 


of choice between the two places for which the highest number of 
votes shall have been cast shall be, and is hereby submitted in 
like manner to the qualified electors at the next general election 
thereafter; provided, that until the seat of government shall have 
been permanently located the temporary seat of government shall 
be and remain in the city of Helena. 

Sec. 3. When the seat of government shall have been located 
as herein provided the location thereof shall not thereafter be 
changed, except by a vote of two-thirds of all the qualified electors 
of the state voting on that question at a general election at which 
the question of the location of the seat of government shall have 
been submitted by the legislative assembly. 

Sec. 4. The legislative assembly shall make no appropriations 
or expenditures for capital buildings or grounds until the seat of 
government shall have been permanently located, as herein pro¬ 
vided. 

Sec. 5. The several counties of the state shall provide as may 
be prescribed by law for those inhabitants, who, by reason of age, 
infirmity or misfortune, may have claims upon the sympathy and 
aid of society. 


ARTICLE XI. 

EDUCATION. 

Section I. It shall be the duty of the legislative assembly of 
Montana to establish and maintain a general, uniform and thorough 
system of public, free, common schools. 

Sec. 2. The public school fund of the state shall consist of 
the proceeds of such lands as have heretofore been granted, or 
may hereafter be granted, to the state by the general government, 
known as school lands; and those granted in lieu of such; lands 
acquired by gift or grant from any person or corporation under 
any law or grant of the general government; and of all other 
grants of land or money made to the state from the general gov¬ 
ernment for general educational purposes, or where no other special 
purpose is indicated in such grant; all estates, or distributive shares 
of the estates that may escheat to the state; all unclaimed shares 
and dividends of any corporation incorporated under the laws of 
the state, and all other grants, gifts, devises or bequests made to 
the state for general educational purposes. 


CONSTITUTION OF MONTANA 


123 


Sec. 3. Such public school fund shall forever remain inviolate, 
guaranteed by the state against loss or diversion, to be invested, 
so far as possible, in public securities within the state, including 
school district bonds, issued for the erection of school buildings, 
under the restrictions to be provided by law. 

Sec. 4. The governor, superintendent of public instruction, 
secretary of state and attorney general shall constitute the state 
board of land commissioners, which shall have the direction, con¬ 
trol, leasing and sale of the school lands of the state, and the 
lands granted or which may hereafter be granted for the support 
and benefit of the various state educational institutions, under such 
regulations and restrictions as may be prescribed by law. 

Sec. 5. The interest on all invested school funds of the state, 
and all rents accruing from the leasing of any school lands, shall 
be apportioned to the several school districts of the state in pro¬ 
portion to the number of children and youths between the ages 
of six and twenty-one years, residing therein respectively, but no 
district shall be entitled to such distributive share that does not 
maintain a public free school for at least three months during the 
year for which distributions shall be made. 

Sec. 6. It shall be the duty of the legislative assembly to pro¬ 
vide by taxation, or otherwise, sufficient means, in connection with 
the amount received from the general school fund, to maintain a 
public, free, common school in each organized district in the 
state, for at least three months in each year. 

Sec. 7. The public free schools of the state shall be open to 
all children and youths between the ages of six and twenty-one 
years. 

Sec. 8. Neither the legislative assembly, nor any county, city, 
town, or school district, or other public corporations, shall ever 
make directly or indirectly, any appropriation, or pay from any 
public fund or moneys whatever, or make any grant of lands or 
other property in aid of any church, or for any sectarian purpose, 
or to aid in the support of any school, academy, seminary, col¬ 
lege, university, or other literary, scientific institution, controlled 
in whole or in part by any church, sect or denomination whatever. 

Sec. 9. No religious or partisan test or qualification shall ever 
be required of any person as a condition of admission into any 
public educational institution of the state, either as teacher or 
student; nor shall attendance be required at any religious service 


124 


APPENDIX 


whatever, nor shall any sectarian tenets be taught in any public 
educational institution of the state; nor shall any person be de¬ 
barred admission to any of the collegiate departments of the 
university on account of sex. 

Sec. io. The legislative assembly shall provide that all elec¬ 
tions for school district officers shall be separate from those elec¬ 
tions at which state or county officers are voted for. 

Sec. ii. The general control and supervision of the state 
university and the various other state educational institutions shall 
be vested in a state board of education, whose powers and duties 
shall be prescribed and regulated by law. The said board shall 
consist of eleven members, the governor, state superintendent of 
public instruction, and attorney general, being members ex officio, 
the other eight members thereof shall be appointed by the governor, 
subject to the confirmation of the senate, under the regulations 
and restrictions to be provided by law. 

Sec. 12. The funds of the state university and of all other 
state institutions of learning, from whatever source accruing, shall 
forever remain inviolate and sacred to the purpose for which they 
were dedicated. The various funds shall be respectively invested 
under such regulations as may be prescribed by law, and shall be 
guaranteed by the state against loss or diversion. The interest of 
said invested funds, together with the rents from leased lands or 
properties shall be devoted to the maintenance and perpetuation 
of these respective institutions. 

ARTICLE XII. 

REVENUE and taxation. 

Section i. The necessary revenue for the support and main¬ 
tenance of the state shall be provided by the legislative assembly, 
which shall levy a uniform rate of assessment and taxation, and 
shall prescribe such regulations as shall secure a just valuation for 
taxation of all property, except that specially provided for in this 
article. The legislative assembly may also impose a license tax, 
both upon persons and upon corporations doing business in the 
state. 

Sec. 2. The property of the United States, the state, counties, 
cities, towns, school districts, municipal corporations, and public 
libraries shall be exempt from taxation; and such other property 


CONSTITUTION OF MONTANA 


125 


as may be used exclusively for agricultural and horticultural so¬ 
cieties, for educational purposes, places for actual religious wor¬ 
ship, hospitals and places of burial not used or held for private 
or corporate profit, and institutions of purely public charity may be 
exempt from taxation. 

Sec. 3. All mines and mining claims, both placer and rock in 
place, containing or bearing gold, silver, copper, lead, coal, or other 
valuable mineral deposits, after purchase thereof from the United 
States, shall be taxed at the price paid the United States therefor, 
unless the surface ground, or some part thereof, of such mine or 
claim is used for other than mining purposes, and has a separate 
and independent value for such other purposes, in which case said 
surface ground, or any part thereof, so used for other than min¬ 
ing purposes, shall be taxed at its value for such other purposes, 
as provided by law; and all machinery used in mining, and all 
property and surface improvements upon or appurtenant to mines 
and mining claims which have a value Separate and independent 
of such mines or mining claims, and the annual net proceeds of all 
mines and mining claims shall be taxed as provided by law. 

Sec. 4. The legislative assembly shall not levy taxes upon 
the inhabitants or property in any county, city, town, or municipal 
corporation for county, town, or municipal purposes, but it may 
by law vest in the corporate authorities thereof powers to assess 
and collect taxes for such purposes. 

Sec. 5. Taxes tor city, town and school purposes may be 
levied on all subjects and objects of taxation, but the assessed 
valuation of any property shall not exceed the valuation of the 
same property for state and county purposes. 

Sec. 6. No county, city, town or other municipal corporation, 
the inhabitants thereof nor the property therein, shall be released 
or discharged from their or its proportionate share of state taxes. 

Sec. 7. The power to tax corporations or corporate property 
shall never be relinquished or suspended, and all corporations in 
this state, or doing business therein, shall be subject to taxation 
for state, county, school, municipal and other purposes, on real 
and personal property owned or used by them and not by this 
constitution exempted from taxation. 

Sec. 8. Private property shall not be taken or sold for the 
corporate debts of public corporations, but the legislative assembly 
may provide by law for the funding thereof, and shall provide by 




126 


APPENDIX 


law for the payment thereof, including all funded debts and obliga¬ 
tions, by assessment and taxation of all private property not exempt 
from taxation within the limits of the territory over which such 
corporations respectively have authority. 

Sec. 9. The rate of taxation of real and personal property 
for state purposes in any one year shall never exceed three (3) 
mills on each dollar of valuation; and whenever the taxable prop¬ 
erty in the state shall amount to one hundred million dollars 
($100,000,000), the rate shall not exceed two and one-half (2V2) 
mills on each dollar of valuation; and whenever the taxable prop¬ 
erty in the state shall amount to three hundred million dollars 
($300,000,000) the rate shall never exceed one and one-half (l} 4 ) 
mills on each dollar of valuation; unless a proposition to increase 
such rate specifying the rate proposed and the time during which 
the same shall be levied, shall have been submitted to the people 
at a general election, and shall have received a majority of all the 
votes cast for and against it at such election. 

Sec. 10. All taxes levied for state purposes shall be paid into 
the state treasury, and no money shall be drawn from the treasury 
but in pursuance of specific appropriations made by law. 

Sec. 11. Taxes shall be levied and collected by general laws 
and for public purposes only. They shall be uniform upon the 
same class of subjects within the territorial limits of the authority 
levying the tax. 

Sec. 12. No appropriation shall be made or any expenditures 
authorized by the legislative assembly whereby the expenditures of 
the state during any fiscal year shall exceed the total tax then 
provided for by law, and applicable to such appropriation or ex¬ 
penditure, unless the legislative assembly making such appropria¬ 
tion shall provide for levying a sufficient tax, not exceeding the 
rate allowed in section nine (9) of this article, to pay such appro¬ 
priations or expenditures within such fiscal year. This provision 
shall not apply to appropriations or expenditures to suppress in¬ 
surrection, defend the state, or assist in defending the United 
States in time of war. No appropriations of public moneys shall 
be made for a longer term than two years. 

Sec. 13. The state treasurer shall keep a separate account of 
each fund in his hands, and shall at the end of each quarter of 
the fiscal year report to the governor in writing under oath, the 
amount of all moneys in his hands to the credit of every such 


CONSTITUTION OF MONTANA 


127 


fund, and the place or places where the same is kept or deposited, 
and the number and amount of every warrant paid or redeemed by 
him during the quarter. The governor, or other person or per¬ 
sons authorized by law, shall verify said report and cause the 
same to be immediately published in at least one newspaper printed 
at the seat of government, and otherwise as the legislative assem¬ 
bly may require. The legislative assembly may provide by law 
further regulations for the safe keeping and management of the 
public funds in the hands of the treasurer; but, notwithstanding 
any such regulations, the treasurer and his sureties shall, in all 
cases, be held responsible therefor. 

Sec. 14. The making of profit out of public moneys, or using 
the same for any purpose not authorized by law, by any public 
officer, shall be deemed a felony, and shall be punished as pro¬ 
vided by law, but part of such punishment shall be disqualification 
to hold public office. 

Sec. 15. The governor, secretary of state, state treasurer, state 
auditor and attorney general shall constitute a state board of 
equalization and the board of county commissioners of each county 
shall constitute a county board of equalization. The duty of the 
state board of equalization shall be to adjust and equalize the 
valuation of the taxable property among the several counties of 
the state. The duty of the county boards of equalization shall be 
to adjust and equalize the valuation of taxable property within 
their respective counties. Each board shall also perform such 
other duties as may be prescribed by law. 

Sec. 16. All property shall be assessed in the manner pre¬ 
scribed by law except as is otherwise provided in this constitu¬ 
tion. The franchise, roadway, roadbed, rails and rolling stock of 
all railroads operated in more than one county in this state shall 
be assessed by the state board of equalization and the same shall 
be apportioned to the counties, cities, towns, townships and school 
districts in which such railroads are located, in proportion to the 
number of miles of railway laid in such counties, cities, towns, 
townships and school districts. 

Sec. 17. The word property as used in this article is hereby 
declared to include moneys, credits, bonds, stocks, franchises and 
all matters and things (real, personal and mixed) capable of pri¬ 
vate ownership, but this shall not be construed so as to authorize 
the taxation of the stocks of any company or corporation when 



128 


APPENDIX 


the property of such company or corporation represented by such 
stocks is within the state and has been taxed. 

Sec. 18. The legislative assembly shall pass all laws, necessary 
to carry out the provisions of this article. 

ARTICLE XIII. 

PUBLIC INDEBTEDNESS. 

Section i. Neither the state, nor any county, city, town, 
municipality, nor other subdivision of the state shall ever give or 
loan its credit in aid of, or make any donation or grant, by sub¬ 
sidy or otherwise, to any individual, association or corporation, or 
become a subscriber to, or a shareholder in, any company or cor¬ 
poration, or a joint owner with any person, company or corpora¬ 
tion, except as to such ownership as may accrue to the state by 
operation or provision of law. 

Sec. 2. The legislative assembly shall not in any manner create 
any debt except by law which shall be irrepealable until the in¬ 
debtedness therein provided for shall have been fully paid or 
discharged; such law shall specify the purpose to which the funds 
90 raised shall be applied and provide for the levy of a tax suf¬ 
ficient to pay the interest on, and extinguish the principal of such 
debt within the time limited by such law for the payment thereof; 
but no debt or liability shall be created which shall singly, or in 
the aggregate with any existing debt or liability, exceed the sura 
of one hundred thousand dollars ($100,000) except in cases of 
war, to repel invasion or suppress insurrection, unless the law 
authorizing the same shall have been submitted to the people at a 
general election and shall have received a majority of the votes 
cast for and against it at such election. 

Sec. 3. All moneys borrowed by, or on behalf of the state or 
any county, city, town, municipality or other subdivision of the 
state, shall be used only for the purpose specified in the law author¬ 
izing the loan. 

Sec. 4. The state shall not assume the debt or any part thereof, 
of any county, city, town or municipal corporation. 

Sec. 5. No county shall be allowed to become indebted in any 
manner, or for any purpose, to an amount, including existing im 
debtedness, in the aggregate, exceeding five (5) per centum of 


CONSTITUTION OF MONTANA 


129 


the (value of the) taxable property therein, to be ascertained by 
the last assessment for state and county taxes previous to the in¬ 
curring of such indebtedness, and all bonds or obligations in excess 
of such amount given by, or on behalf of, such county shall be 
void. No county shall incur any indebtedness or liability for any 
single purpose to an amount exceeding ten thousand dollars 
($10,000) without the approval of a majority of the electors 
thereof, voting at an election to be provided by law. 

Sec. 6. No city, town, township or school district shall be 
allowed to become indebted in any manner or for any purpose 
to an amount, including existing indebtedness, in the aggregate 
exceeding three per centum of the value of the taxable property 
therein, to be ascertained by the last assessment for the state and 
county taxes previous to the incurring of such indebtedness, and 
all bonds or obligations in excess of such amount given by, or on 
behalf of, such city, town, township or school district shall be 
void; provided, however, that the legislative assembly may extend 
the limit mentioned in this section, by authorizing municipal cor¬ 
porations to submit the question to a vote of the tax-payers af¬ 
fected thereby, when such increase is necessary to construct a 
sewerage system or to procure a supply of water for such munici¬ 
pality which shall own and control said water supply and devote 
the revenues derived therefrom to the payment of the debt. 

ARTICLE XIV. 

MILITARY AFFAIRS. 

Section 1. The militia of the state of Montana shall consist of 
all able-bodied male citizens of the state between the ages of 
eighteen (18) and forty-five (45) years inclusive, except such 
persons as may be exempted by the laws of the state or of the 
United States. 

Sec. 2. The legislative assembly shall provide by law for the 
organization, equipment, and discipline of the militia and shall 
make rules and regulations for the government of the same. The 
organization shall conform as nearly as practicable to the regula¬ 
tions for the government of the armies of the United States. 

Sec. 3. The legislative assembly shall provide by law for main¬ 
taining the militia by appropriations from the treasury of the state. 







130 


APPENDIX 


Sec 4. The legislative assembly shall provide by law for the 
safe keeping of the public arms, military records, relics and ban¬ 
ners of the state. 

Sec. 5. When the governor shall, with the consent of the 
legislative assembly, be out of the state in time of war at the head 
of any military force thereof, he shall continue commander-in¬ 
chief of all the military forces of the state. 

ARTICLE XV. 

CORPORATIONS OTHER THAN MUNICIPAL. 

Section i. All existing charters, or grants of special or ex¬ 
clusive privileges, under which the corporations or grantees shall 
not have organized or commenced business in good faith at the 
time of the adoption of this constitution, shall thereafter have no 
validity. 

Sec. 2. No charter of incorporations shall be granted, ex¬ 
tended, changed or amended by special law, except for such munici¬ 
pal, charitable, educational, penal, or reformatory corporations 
hereafter to be created; provided, that any such laws shall be sub¬ 
ject to future repeal or alterations by the legislative assembly. 

Sec. 3. The legislative assembly shall have the power to alter, 
revoke or annul any charter of incorporation existing at the time 
of the adoption of this constitution, or which may be hereafter 
incorporated, whenever in its opinion it may be injurious to the 
citizens of the state. 

Sec. 4. The legislative assembly shall provide by law that in 
all elections for directors or trustees of incorporated companies, 
every stockholder shall have the right to vote in person or by 
proxy the number of shares of stock owned by him for as many 
persons as there are directors or trustees to be elected, or to 
cumulate said shares, and give one candidate as many votes as the 
number of directors multiplied by the number of his shares of 
stock shall equal, or to distribute them, on the same principle, 
among as many candidates as he shall think fit, and such directors 
or trustees shall not be elected in any other manner. 

Sec. 5. All railroads shall be public highways, and all railroad, 
transportation and express companies shall he common carriers and 
subject to legislative control, and the legislative assembly shall 




CONSTITUTION OF MONTANA 


131 


have the power to regulate and control by law the rates of charges 
for the transportation of passengers and freight by such com¬ 
panies as common carriers from one point to another in the state. 
Any association or corporation, organized for the purpose, shall 
have the right to construct and operate a railroad between any 
designated points within this state and to connect at the state 
line with railroads of other states and territories. Every railroad 
company shall have the right with its road to intersect, connect 
with, or cross any other railroad. 

Sec. 6. No railroad corporation, express, or other transporta¬ 
tion company, or the lessees or managers thereof, shall consolidate 
its stock, property or franchises with any other railroad corpora¬ 
tion, express or other transportation company, owning or having 
under its control a parallel or competing line; neither shall it in 
any manner unite its business or earnings with the business or 
earnings of any other railroad corporation; nor shall any officer 
of such railroad, express, or other transportation company act as 
an officer of any other railroad company, express, or other trans¬ 
portation company owning or having control of a parallel or com¬ 
peting line. 

Sec. 7. All individuals, associations, and corporations shall have 
equal rights to have persons or property transported on and over 
any railroad, transportation or express route in this state. No 
discrimination in charges or facilities for transportation of freight 
or passengers of the same class shall be made by any railroad, or 
transportation, or express company, between persons or places 
within this state; but excursion or commutation tickets may be 
issued and sold at special rates, provided such rates are the same 
to all persons. No railroad, or transportation, or express com¬ 
pany, shall be allowed to charge, collect, or receive, under penal¬ 
ties which the legislative assembly shall prescribe, any greater toll 
for the transportation of freight or passengers to any place or 
station upon its route or line, than it charges for the transporta¬ 
tion of the same class of freight or passengers to any more dis¬ 
tant place or station upon its route or line within this state. No 
railroad, express, or transportation company, nor any lessee, man¬ 
ager, or other employe thereof, shall give any preference to any 
individual, association or corporation, in furnishing cars or motive 
power, or for the transportation of money or other express matter. 

Sec. 8 No railroad, express, or other transportation company, 





132 


APPENDIX 


in existence at the time of the adoption of this constitution, shall 
have the benefit of any future legislation, without first filing in 
the office of the secretary of state an acceptance of the provisions 
of this constitution in binding form. 

Sec. 9. The right of eminent domain shall never be abridged, 
nor so construed as to prevent the legislative assembly from taking 
the property and franchises of incorporated companies, and sub¬ 
jecting them to public use the same as the property of individuals; 
and the police powers of the state shall never be abridged, or so 
construed, as to permit corporations to conduct their business in 
such manner as to infringe the equal rights of individuals, or the 
general well being of the state. 

Sec. 10. No corporation shall issue stocks or bonds, except for 
labor done, services performed, or money and property actually 
received; and all fictitious increase of stock or indebtedness shall 
be void. The stock of corporations shall not be increased except 
in pursuance of general law, nor without the consent of the per¬ 
sons holding a majority of the stock first obtained at a meeting 
held after at least thirty days’ notice given in pursuance of law. 

Sec. 11. No foreign corporation shall do any business in this 
state without having one or more known places of business, and 
an authorized agent or agents in the same, upon whom process 
may be served. And no company or corporation formed under 
the laws of any other country, state or territory, shall have, or be 
allowed to exercise, or enjoy within this state any greater rights 
or privileges than those possessed or enjoyed by corporations of 
the same or similar character created under the laws of the state. 

Sec. 12. No street or other railroad shall be constructed within 
any city or town without the consent of the local authorities hav¬ 
ing control of the street or highway proposed to be occupied by 
such street or other railroad. 

Sec. 13. The legislative assembly shall pass no law for the 
benefit of a railroad or other corporation, or any individual or 
association of individuals, retrospective in its operation, or which 
imposes on the people of any county or municipal subdivision of 
the state, a new liability in respect to transactions or considera¬ 
tions already passed. 

Sec. 14. Any association or corporation, or the lessees or man¬ 
agers thereof, organized for the purpose, or any individual, shall 
have the right to construct or maintain lines of telegraph or tele- 


CONSTITUTION OF MONTANA 


133 


phone within this state, and connect the same with other lines; 
and the legislative assembly shall by general law of uniform 
operation provide reasonable regulations to give full effect to this 
section. No telegraph or telephone company shall consolidate with, 
or hold a controlling interest in, the stock or bonds of any other 
telegraph or telephone company owning or having control of a 
competing line, or acquire by purchase or otherwise, any other 
competing line of telegraph or telephone. 

Sec. 15. If any railroad, telegraph, telephone, express, or other 
corporation or company organized under any of the laws of this 
state, shall consolidate, by sale or otherwise, with any railroad, 
telegraph, telephone, express, or other corporation, organized under 
any of the laws of any other state or territory of the United States, 
the same shall not become a foreign corporation, but the courts 
of this state shall retain jurisdiction over that part of the cor¬ 
porate property within the limits of the states, in all matters that 
may arise as if said consolidation had not taken place. 

Sec. 16. It shall be unlawful for any person, company or cor- 
' poration to require of its servants or employes, as a condition of 
their employment or otherwise, any contract or agreement whereby 
such persons, company or corporation, shall be released or dis¬ 
charged from liability or responsibility on account of personal 
injuries received by such servants or employes while in the service 
of such person, company or corporation, by reason of the negli¬ 
gence of such person, company or corporation, or the agents or 
employes thereof; and such contracts shall be absolutely null 
and void. 

Sec 17. The legislative assembly shall not pass any law per¬ 
mitting the leasing or alienation of any franchise so as to release 
or relieve the franchise or property held thereunder from any of 
the liabilities of the lessor or grantor, or lessee or grantee, con¬ 
tracted or incurred in ths operation, use or enjoyment of such 
franchise, or any of its privileges. 

Sec. 18. The term “corporation,” as used in this article shall 
be held and construed to include all associations and joint stock 
companies, having or exercising any of the powers or privileges 
of corporations not possessed by individuals or partnerships; and 
all corporations shall have the right to sue, and shall be subject 
to be sued in all courts in like cases as natural persons, subject to 
such regulations and conditions as may be prescribed by law. 


134 


APPENDIX 


. Sec. 19. Dues from private corporations shall be secured by 
such means as may be prescribed by law. 

Sec. 20. No incorporation, stock company, person or associa¬ 
tion of persons in the state of Montana, shall directly combine or 
form what is known as a trust, or majce any contract with any 
person or persons, corporations, or stock company, foreign or 
domestic, through their stockholders, trustees, or in any manner 
whatever, for the purpose of fixing the price, or regulating the 
production of any article of commerce, or of the product of the 
soil, for consumption by the people. The legislative assembly 
shall pass laws for the enforcement thereof by adequate penalties 
to the extent, if necessary for that purpose, of the forfeiture of 
their property and franchises, and in case of foreign corporations 
prohibiting them from carrying on business in the state. 

ARTICLE XVI. 

MUNICIPAL CORPORATIONS AND OFFICERS. 

Section i. The several counties of the territory of Montana, 
as they shall exist at the time of the admission of the state into 
the union are hereby declared to be the counties of the state until 
otherwise established or changed by law. 

Sec. 2. The legislative assembly shall have no power to re¬ 
move the county seat of any county, but the same shall be pro¬ 
vided for by general law; and no county seat shall be removed 
unless a majority of the qualified electors of the county, at a gen¬ 
eral election on a proposition to remove the county seat, shall 
vote therefor; but no such proposition shall be submitted oftener 
than once in four years. 

Sec. 3. In all cases of the establishment of a new county it 
shall be held to pay its ratable proportion of all then existing lia¬ 
bilities of the county or counties from which it is formed, less the 
ratable proportion of the value of the county buildings and prop¬ 
erty of the county or counties from which it is formed; provided, 
that nothing in this section shall prevent the re-adjustment of 
county lines between existing counties. 

Sec. 4. In each county there shall be elected three county 
commissioners, whose term of office shall be six years; provided, 


CONSTITUTION OF MONTANA 


135 


that the term of office of those elected on November 6th, 1900, 
shall expire on the first Monday in January, 1907; provided further, 
that at the general election to be held in November, 1902 (in coun¬ 
ties where commissioners are to be elected that year), three com¬ 
missioners shall be elected whose terms shall expire on the first 
Monday in January, 1907; provided further, that at the general 
election to be held in November, 1906, one commissioner shall be 
elected for a term of two years, one commissioner shall be 
elected for a term of four years, and one commissioner shall be 
elected for a term of six years, whose term of office shall com¬ 
mence on the said first Monday of January, 1907; and provided 
further, that at each general election thereafter commencing with 
the general election to be held in November, 1908, one commis¬ 
sioner shall be elected for a term of six years. A vacancy in the 
board of county commissioners shall be filled by appointment by 
the judge of the judicial district in which the vacancy occurs.* 

Sec. 5. There shall be elected in each county the following 
officers: One county clerk, who shall be clerk of the county com¬ 
missioners and ex officio recorder; one sheriff; one treasurer, who 
shall be collector of taxes; provided, that no person shall hold the 
office of county treasurer for more than two consecutive terms; 
one county superintendent of schools; one county surveyor; one 
assessor; one coroner; one public administrator. Persons elected 
to the different offices named in this section shall hold their re¬ 
spective offices for the term of two years, and until their successors 
are elected and qualified. Vacancies in all county, township and 
precinct offices, except that of county commissioners, shall be filled 
by appointment by the board of county commissioners, and the 
appointee shall hold his office until the next general election. 

Sec. 6 . The legislative assembly may provide for the election 
or appointment of such other county, township, precinct and 
municipal officers as public convenience may require and their 
terms of office shall be as prescribed by law, not in any case to ex¬ 
ceed two years, except as in this constitution otherwise provided. 


♦In the original constitution this section reads as follows: “ In each county 
there shall be elected three county commissioners whose term of office shall be four 
years. A vacancy in the board of county commissioners shall be filled by appoint¬ 
ment by the district judge of the district in which the vacancy occurs.” The section 
printed above is a»amendment proposed by the Seventh Legislative Assembly, and 
ratffied at the general election, Nov. 4, 1902. 







136 


APPENDIX 


ARTICLE XVII. 


PUBLIC LANDS. 

Section i. All lands of the state that have been, or that may 
hereafter be granted to the state by congress, and all lands acquired 
by gift or grant or devise, from any person or corporation, shall be 
public lands of the state, and shall be held in trust for the people, 
to be disposed of as hereafter provided, for the respective pur¬ 
poses for which they have been or may be granted, donated or 
devised; and none of such land, nor any estate or interest therein, 
shall ever be disposed of except in pursuance of general laws pro¬ 
viding for such disposition, nor unless the full market value of 
the estate or interest disposed of, to be ascertained in such manner 
as may be provided by law, be paid or safely secured to the state; 
nor shall any lands which the state holds by grant from the 
United States (in any case in which the manner of disposal and 
minimum price are so prescribed) be disposed of, except in the 
manner and for at least the price prescribed in the grant thereof, 
without the consent of the United States. Said lands shall be 
classified by the board of land commissioners, as follows: First, 
lands which are valuable only for grazing purposes. Second, those 
which are principally valuable for the timber that is on them. 
Third, agricultural lands. Fourth, lands within the limits of any 
town or city or within three miles of such limits; provided, that 
any of said lands may be re-classified whenever, by reason of in¬ 
creased facilities for irrigation or otherwise, they shall be subject 
to different classification. 

Sec. 2. The lands of the first of said classes may be sold or 
leased, under such rules and regulations as may be prescribed by 
law. The lands of the second class may be sold, or the timber 
thereon may be sold, under such rules and regulations as may be 
prescribed by law. The agricultural lands may be either sold or 
leased, under such rules and regulations as may be prescribed by 
law. The lands of the fourth class shall be sold in alternate lots 
of not more than five acres each, and not more than one-half of 
any one tract of such lands shall be sold prior to the year one 
thousand nine hundred and ten (1910). 

Sec. 3. All public lands may be disposed of in such manner 
as may be provided by law. 




CONSTITUTION OF MONTANA 


137 


ARTICLE XVIII. 

LABOR. 

Section i. The legislative assembly may provide for a bureau 
of agriculture, labor and industry, to be located at the capital and 
be under the control of a commissioner appointed by the gov¬ 
ernor subject to the confirmation of the senate. The commis¬ 
sioner shall hold his office for four years, and until his successor 
is appointed and qualified, his compensation shall be as provided 
by law. 

Sec. 2. It shall be unlawful for the warden or other officer 
of any state penitentiary or reformatory institution in the state of 
Montana, or for any state officer to let by contract to any person 
or persons or corporation the labor of any convict within said 
institutions. 


ARTICLE XIX. 

MISCELLANEOUS SUBJECTS AND FUTURE AMENDMENTS. 

Section i. Members of the legislative assembly and all officers, 
executive, ministerial or judicial, shall before they enter upon the 
duties of their respective offices, take and subscribe the following 
oath or affirmation, to-wit: ‘T do solemnly swear (or affirm) 
that I will support, protect and defend the constitution of the 
United States, and the constitution of the state of Montana, and 
that I will discharge the duties of my office with fidelity; and 
that I have not paid or contributed, or promised to pay or con¬ 
tribute, either directly or indirectly, any money or other valuable 
thing to procure my nomination or election (or appointment) ex¬ 
cept for necessary and proper expenses expressly authorized by 
law; that I have not knowingly violated any election law of this 
state, or procured it to be done by others in my behalf; that I will 
not knowingly receive, directly or indirectly, any money or other 
valuable thing for the performance or non-performance of any 
act or duty pertaining to my office other than the compensation 
allowed by law, so help me God." And no other oath, declaration 
or test shall be required as a qualification for any office or trust. 

Sec. 2. The legislative assembly shall have no power to 
authorize lotteries, or gift enterprises for any purpose, and shall 




138 


APPENDIX 


pass laws to prohibit the sale of lottery or gift enterprise tickets 
in this state. 

Sec. 3. The legislative assembly shall enact suitable laws to 
prevent the destruction by fire from any cause of the grasses and 
forests upon lands of the state or upon lands of the public domain 
the control of which may be conferred by congress upon this state, 
and to otherwise protect the same. 

Sec. 4. The legislative assembly shall enact liberal homestead 
and exemption laws. 

Sec. 5. No perpetuities shall be allowed, except for charitable 
purposes. 

Sec. 6. All county officers shall keep their offices at the county 
seats of their respective counties. 

Sec. 7. In the disposition of the public lands granted by the 
United States to this state, preference shall always be given to 
actual settlers thereon, and the legislative assembly shall provide 
by law for carrying this section into effect. 

Sec. 8. The legislative assembly may at any time, by a vote 
of two-thirds of the members elected to each house, submit to 
the electors of the state the question whether there shall be a 
convention to revise, alter, or amend this constitution; and if a 
majority of those voting on the question shall declare in favor of 
such convention, the legislative assembly shall at its next session 
provide for the calling thereof. The number of members of the 
convention shall be the same as that of the house of representa¬ 
tives, and they shall be elected in the same manner, at the same 
places, and in the same districts. The legislative assembly shall 
in the act calling the convention designate the day, hour and place 
of its meeting, fix the pay of its members and officers, and provide 
for the payment of the same, together with the necessary expenses 
of the convention. Before proceeding, the members shall take 
an oath to support the constitution of the United States and of 
the state of Montana, and to faithfully discharge their duties as 
members of the convention. The qualifications of members shall 
be the same as of members of the senate, and vacancies occurring 
shall be filled in the manner provided for filling vacancies in the 
legislative assembly. Said convention shall meet within three 
months after such election and prepare such revisions, alterations 
or amendments to the constitution as may be deemed necessary, 
which shall be submitted to the electors for their ratification or 







CONSTITUTION OF MONTANA 


139 


rejection at an election appointed by the convention for that pur¬ 
pose, not less than two or more than six months after the ad¬ 
journment thereof, and unless so submitted and approved by a 
majority of the electors voting at the election, no such revision, 
alteration or amendment shall take effect. 

Sec. 9. Amendments to this constitution may be proposed in 
either house of the legislative assembly; and if the same shall be 
voted for by two-thirds of the members elected to each house, 
such proposed amendments, together with the ayes and nays of 
each house thereon, shall be entered in full on their respective 
journals; and the secretary of state shall cause the said amendment 
or amendments to be published in full in at least one newspaper 
in each county (if such there be) for three months previous to 
the next general election for members of the legislative assembly; 
and at said electron the said amendment or amendments shall be 
submitted to the qualified electors of the state for their approval 
or rejection. Should more amendments than one be submitted 
at the same election, they shall be so prepared and distinguished 
by numbers or otherwise that each can be voted on separately; 
provided, however, that not more than three amendments to this 
constitution shall be submitted at the same election. 

ARTICLE XX. 

SCHEDULE. 

That no inconvenience may arise by reason of changing from 
a territorial to a state form of government, it is declared as 
lollows: 

Section i. All laws enacted by the legislative assembly of the 
territory of Montana and in force at the time the state shall be 
admitted into the union and not inconsistent w r ith this constitution 
or the constitution or laws of the United States of America, shall 
be and remain in full force as the laws of the state until altered 
or repealed, or until they expire by their own limitation; provided, 
that whenever in said laws the words, “Territory,” “Montana Ter¬ 
ritory” or “Territory of Montana” occur, the words “State” or 
“State of Montana” shall be appropriately substituted and read 
therefor; And, provided further, that the duties which now by law 
devolve upon probate judges as jury commissioners and in rela- 




140 


APPENDIX 


tion to issuing marriage licenses and filing and recording mar¬ 
riage certificates, and the duties as ex officio clerks of their own 
courts, shall, until otherwise provided by law, devolve upon and 
be performed by the clerks of the district courts in their respective 
counties; And, provided further, that the duties of probate judges 
now imposed by law relative to town sites and to the approval of 
bonds of other county officers shall, until otherwise provided by 
law, be performed by the district judges in the several counties in 
their respective districts. 

Sec. 2. All lawful orders, judgments and decrees in civil 
causes, all contracts and claims and all lawful convictions, judg¬ 
ments and sentences in criminal actions, made and entered, or 
pronounced by the courts within the territory of Montana, and in 
force at the time the state shall be admitted into the union, shall 
continue and be and remain in full force in the state unaffected 
in any respect by the change from a territorial to a state form of 
government, and may be enforced and executed under the laws 
of the state. 

Sec. 3. No crime or criminal offense committed against the 
laws of the territory ot Montana shall abate, or be in any wise 
affected, by reason of the change from a territorial to a state 
form of government; but the same shall be deemed and taken 
to be an offense against the laws of the state, and the appropriate 
courts of the state shall have jurisdiction over and to hear and 
determine the same; provided, that this section shall not in any 
wise be construed to change the law of the statute of limitations, 
or the due effect or application of the same. 

Sec. 4. Except as herein otherwise provided, the word “dis¬ 
trict” shall be substituted and read in lieu of the word “probate” 
in the terms “probate court” or “probate judge” whenever the 
same occur in the laws of the territory ot Montana, and all said 
laws which by their terms apply to probate courts or probate 
judges shall, except as in this constitution otherwise provided, 
upon a change from territorial to state government, be deemed 
and taken to apply to district courts and district judges; provided, 
that all laws allowing fees to probate judges are hereby repealed. 

Sec. 5. Clerks of district courts, until otherwise provided by 
law, shall each perform the duties and be entitled to the same 
fees as now provided by law for clerks of the district courts of 
the territory, and until otherwise provided by law shall also per- 


CONSTITUTION OF MONTANA 


141 


form the services and be entitled to fees therefor that are now 
provided for clerks of probate courts. 

Sec. 6. Upon a change from territorial to state government the 
seals in use by the supreme court and the territorial district courts 
in and for the several counties respectively, shall pass to and be¬ 
come, until otherwise provided by law, the seals respectively of 
the supreme court and of the district courts of the state in such 
counties. 

Sec. 7. Prosecutions for criminal offenses against the laws of 
the territory of Montana, pending at the time the state shall be 
admitted into the union shall not abate; but the same shall con¬ 
tinue and be prosecuted in the name of the state of Montana, and 
the title of every such action shall be changed to conform to this 
provision. 

Sec. 8. Parties who, at the time of the admission of the state 
into the union, may be confined under lawful commitments, or 
otherwise lawfully held to answer for alleged violations of any of 
the criminal laws of the territory of Montana, shall continue to 
be so confined or held until discharged therefrom by the proper 
courts of the state. 

Sec. 9. All writs, processes, prosecutions, actions, causes of 
action, defenses, claims and rights of individulas, associations and 
bodies corporate existing at the time the state shall be admitted 
into the union, shall continue and be respectively executed, pro¬ 
ceeded with, determined, enforced and protected under the laws of 
the state. 

Sec. 10. All undertakings, bonds, obligations and recogniz¬ 
ances in force at the time the state shall be admitted into the 
union, which were executed to the territory of Montana, or any 
officer thereof in his official capacity, or to any official board for 
the benefit of the territory of Montana, are hereby respectively as¬ 
signed and transferred to the state of Montana, to the state officer 
successor to said territorial officer, or to the official board suc¬ 
cessor to the aforesaid official board, for the use of the state, as 
the case may be, and shall be as valid and binding as if executed 
tinder state law to the state, or state officer in his official capacity, 
or official board, for the benefit of the state; and all fines, taxes, 
penalties and forfeitures due or owing to the territory of Mon¬ 
tana or to any county, school district, or municipality therein, at 
the time the state shall he admitted into the union, are hereby 






142 


APPENDIX 


respectively assigned and transferred, and the same shall be pay¬ 
able to the state, county, school district or municipality, as the 
case may be, and payment thereof may be enforced under the laws 
of the state. 

Sec. ii. All property, real or personal, and all moneys, cred¬ 
its, claims, demands and choses in action of every kind, belong¬ 
ing to the territory of Montana at the time the state shall be ad¬ 
mitted into the union, are hereby assigned and transferred to, and 
shall be vested in, and become the property of the state of Mon¬ 
tana. 

Sec. 12. All obligations of the territory of Montana, existing, 
in force and unpaid at the time of the admission of the state into 
the union are hereby assumed by the state, which shall and will 
well and truly pay the same. 

Sec. 13. All matters, cases and proceedings pending in any 
probate court in the territory of Montana, at the time the state 
shall be admitted into the union, and all official records, files, 
moneys, and other property of, or pertaining to such court, are 
hereby transferred to the district court in and for the same 
county, and such district court shall have full power and jurisdic¬ 
tion to hear, determine and dispose of all such matters, cases and. 
proceedings. 

Sec. 14. All actions, cases and proceedings, and matters which 
shall be pending in the supreme and district courts of Montana 
territory at the time of the admission of the state into the union 
whereof the United States circuit or district court might have had 
jurisdiction, had such court existed at the commencement of such 
actions, cases, proceedings and matters, respectively, shall be trans¬ 
ferred to said United States circuit and district courts respectively; 
and all the files, records, indictments and proceedings relating to 
such actions, cases, proceedings and matters shall be transferred 
to said United States courts; Proz h idcd, That no civil action, cayise 
or proceeding to which the United States is not a party shall be 
transferred to either of said United States courts except upon 
written request of one of the parties thereto, and in the absence 
of such request, such case shall be proceeded with in the proper 
state courts. 

Sec. 15. All actions, cases, proceedings and matters pending- 
in the supreme and district courts of the territory of Montana at 
the time the state shall be admitted into the union, and all files, 



CONSTITUTION OF MONTANA 


143 

records and indictments relating thereto, except as otherwise pro¬ 
vided herein, shall be appropriately transferred, as may be proper, 
to the supreme and district courts of the state, respectively, and all 
such actions, cases, and matters shall be proceeded with in the 
proper state courts. 

Sec. 16. Upon a change from a territorial to a state govern¬ 
ment, and until otherwise provided by law, the great seal of the 
territory shall be deemed and taken to be the great seal of the 
state of Montana. 

Sec. 17. All territorial, county and township officers now occu¬ 
pying their respective positions under the laws of the territory of 
Montana, or of the United States of America, shall continue and 
remain in their respective official positions and perform the du¬ 
ties thereof as now provided by law after the state is admitted 
into the union, and shall be considered state officers until their 
successors in office shall be duly elected and qualified, as provided 
by ordinance, notwithstanding any inconsistent provisions in this 
constitution, and shall be entitled to the same compensation for 
their services as is now established by law; Provided, That the 
compensation for justices of the supreme court, governor and sec¬ 
retary of the territory shall be paid by the state of Montana. 

Done in open convention at the city of Helena in the territory 
of Montana, this seventeenth day of August, in the year of our 
Lord one thousand eight hundred and eighty-nine. 


ORDINANCE NO. I. 

FEDERAL RELATIONS. 

Be it Ordained: First. That perfect toleration of religious 
sentiment shall be secured and that no inhabitant of the state of 
Montana shall ever be molested in person or property, on account 
of his or her mode of religious worship. 

Second. That the people inhabiting the said proposed state 
of Montana do agree and declare that they forever disclaim all 
right and title to the unappropriated public lands lying within the 
boundaries thereof, and to all lands lying within said limits owned 
or held by any Indian or Indian tribes, and that until the title 
thereto shall have been extinguished by the United States, the 






144 


APPENDIX 


same shall be and remain subject to the disposition of the United 
States and said Indian lands shall remain under the absolute juris¬ 
diction and control of the congress of the United States; that the 
lands belonging to citizens of the United States, residing without 
the said state of Montana, shall never be taxed at a higher rate 
than the lands belonging to residents thereof; that no taxes shall 
be imposed by the said state of Montana on lands or property 
therein belonging to, or which may hereafter be purchased by the 
United States or reserved for its use. But nothing herein con¬ 
tained shall preclude the said state of Montana from taxing as 
other lands are taxed any lands owned or held by any Indian who 
has severed his tribal relations and has obtained from the United 
States or from any person a title thereto by patent or other grant, 
save and except such lands as have been or may be granted to any 
Indian or Indians under any act of congress containing a provision 
exempting the lands thus granted from taxation, but said last 
named lands shall be exempt from taxation by said state of Mon¬ 
tana so long and to such extent as such act of congress may pre¬ 
scribe. 

Third. That the debts and liabilities of said territory of Mon¬ 
tana shall be assumed and paid by the said state of Montana. 

Fourth. That provision shall be made for the establishment 
and maintenance of a uniform system of public schools, which shall 
be open to all the children of said state of Montana and free from 
sectarian control. 

Fifth. That on behalf of the people of Montana, we, in con¬ 
vention assembled, do adopt the constitution of the United States. 

Sixth. That the ordinances in this article shall be irrevocable 
without the consent of the United States and the people of said 
state of Montana. 

Seventh. The state hereby accepts the several grants of land 
from the United States to the state of Montana, mentioned in an 
act of congress, entitled “An act to provide for the division of 
Dakota into two states, and to enable the people of North Dakota, 
South Dakota, Montana and Washington to form constitutions 
and state governments, and to be admitted into the union on an 
equal footing with the original states, and to make donations of 
public lands to such states.” Approved February 22d, 1889. upon 
the terms and conditions therein provided. 







CONSTITUTION OF MONTANA 


145 


ORDINANCE II. 

ELECTIONS. 

Be it Ordained by the Convention assembled to form a Constitu¬ 
tion for the State of Montana: 

First. That an election shall be held throughout the territory 
of Montana on the first Tuesday of October, 1889, for the ratifica¬ 
tion or rejection of the constitution framed and adopted by this 
convention. 

Second. At said election the constitution framed and adopted 
by this convention shall be submitted to the people of the territory 
for their ratification or rejection, and all persons who are then 
qualified electors under the laws of this territory shall be qualified 
to vote for the ratification or rejection thereof. 

Third. Said elections shall be held at the several polling places 
and precincts throughout the territory appointed for the holding 
of elections under the laws of the territory, and shall be conducted 
in the manner prescribed by the laws of the territory regulating 
elections. The boards of county commissioners of the several 
counties of the territory shall appoint judges and clerks of such 
election in each of said polling places and precincts in the same 
manner as is now required by law for the appointment of judges 
and clerks of general elections in the territory. 

Fourth. Each elector voting at said election shall have written 
or printed upon the ticket he may deposit in the ballot box, the 
words “For the Constitution” or “Against the Constitution.” 

Fifth. The votes cast at said election for the adoption or re¬ 
jection of said constitution shall be canvassed by the canvassing 
boards of the respective counties not later than fifteen days after 
said election, or sooner, if the returns from all of the precincts 
shall have been received and in the manner prescribed by the laws 
of the territory of Montana for canvassing the votes at general 
elections in said territory, and the returns of said election shall be 
made to the secretary of the territory, who with the governor, and 
the chief justice of the territory, or any two of them, shall consti¬ 
tute a board of canvassers who shall meet at the office of the sec¬ 
retary of the territory on, or before, the thirtieth day after the 
election, and canvass the votes so cast and declare the result. 

Sixth. That on the first Tuesday in October, 1889, there shall 



1413 


APPENDIX 


be elected by the qualified electors of Montana, a governor, a lieu¬ 
tenant governor, a secretary of state, an attorney general, a 
state treasurer, a state auditor, a state superintendent of public 
instruction, one chief justice and two associate justices of the 
supreme court, a judge for each of the judicial districts estab¬ 
lished by this constitution, a clerk of the supreme court, and a 
clerk of the district court in and for each county of the state, and 
the members of the legislative assembly provided for in this con¬ 
stitution. The terms of officers so elected shall begin when the 
state shall be admitted into the union and shall end on the first 
Monday in January, 1893, except as otherwise provided. 

Seventh. There shall be elected at the same time one repre¬ 
sentative in the fifty-first congress of the United States. 

Eighth. The votes for the above officers shall be returned and 
canvassed as is provided by law, and returns shall be made to the 
secretary of the territory and canvassed in the same manner and 
by the same board as is the vote upon the constitution, except as 
to clerk of the district court. 

Ninth. There shall also be elected at the same time the fol¬ 
lowing county and township officers: Three county commission¬ 
ers, one clerk of the board of commissioners and ex-officio re¬ 
corder, one sheriff, one county treasurer, one county superintend¬ 
ent of common schools, one county surveyor, one county assessor, 
one coroner, one public administrator, one county attorney, two 
justices of the peace, and two constables for each township. The 
terms of office for the above named officers shall begin upon the 
admission of the state and end upon the first Monday of January, 
A. D. 1893, except, as to county treasurer, whose term shall begin 
on the first Monday in March succeeding his election, and end on 
the first Monday of March, A. D. 1893, and also, as to county 
commissioners whose terms are otherwise provided for in this 
constitution. 

Tenth. The votes for the above county and township officers 
and for clerk of the district court, shall be returned and canvassed 
and certificates of election to said officers issued as is now pro¬ 
vided by law. 

Eleventh. Notice of the election for the adoption or rejection 
of this constitution, and for state, district, county and township 
officers shall be given by the clerks of the several boards of 
county commissioners in the same manner as notice of general 








CONSTITUTION OF MONTANA 


147 


elections for delegate to congress and county officers is required to 
be given by the existing laws of the territory. 

Twelfth. That the provisions of this ordinance shall apply only 
to the election and to the officers elected on the first Tuesday of 
October, 1889. 





INDEX. 


Additions to Cities. 30 

Agriculture, Labor and Industry. . 63 

Agricultural College .89, 90 

Aldermen .31, 37 

Amending the Constitution ...43, 44 

Appeals .73, 77 

Apportionment of Representatives. 45 

Apportionment of Taxes. 13 

Appropriations .50, 07- 

Arbitration, Board of. 63 

Areas of Counties. 5 

Assessment . 11 

Attorney-General . 

56, 62, 65, 67, 78, 88 , 90 

Australian Ballot . 22 

Ballots. . 21 

Boards, See the different names. 

Bonds .5, 25, 87 

Candidates .19, 20 , 31, 56, 57 

Canvassing .22, 57 

Carey Land Act. 61 

Caucus .20, 31 

Central Committee . 20 , 56 

Certificates, Teachers’.82-84 

Charities and Reforms.62 

Chief of Police .36, 72 

Child and Animal Protection. 63 

Child Labor . 44 

Cities, Additions to. A. 30 

Cities, Classification of. 30 

City Assessor . 36 

City Attorney . 36 

City Charters. 40 

City Clerk . 36 

City Council .30-37, 72 

City Debts . 35 

City Finance. 34 


City Government: 





Contrast with state 

govern- 


ment . 




40 

How organized . 




29 

Powers of . 



.33, 

34 

Problems of .... 




37 

Why needed .. . 




28 

City Tailer . 




36 

City Surveyor . 




36 

City Treasurer . 




36 

Clerk of the District 

Court... 



.15, 

„ 17, 

26, 

27, 

77 

Clerk of Election.... 

..17, 

21 , 

22 , 

26 

Clerk of the Supreme 

Court. 56, 

,78, 

79 

Codes . 



51, 

52 


Collection of Taxes. 13 

Commissioners for the Deaf, 

Dumb and Blind. 61 

Commissioners for the Insane.... 61 

Committees, Legislative . 48 

Constable .17, 26, 70, 72 

Constitution of Montana. 

.42, 43, 60, 91 

Convention, Constitutional ....42,43 

Convention, Nominating . 20 , 56 

Coroner .26, 74-77 

Counties, Area and Population_ 5 

Counties, Classification of. 26 

County Assessor . 12 , 17, 22 , 27 

County Attorney .17, 25-27, 77 

County Auditor...S, 9, 15, 17, 25-27 

County Clerk. 

6 , 9, 13, 15-17, 21, 22, 26, 27, 57, 65 

County Commissioners. 

5-7, 9, 12, 15, 17, 18, 21 
22, 25, 26, 44, 77, 80, 81, 87 
County Debts . ig, 


( M8) 
































































INDEX. 


County Government .4, 

County High Schools.81, 87, 

County Physician . 8 , 17, 

County Records . 

County Seats . 


County Superintendent. 

17, 25, 27, 81, 82, 85, 

County Surveyor .7, 9, 17, 

County Treasurer. 

13, 15-17, 22, 25-27, 60, 

Court House . 

Court Stenographers . 

Declaration of Rights. 

Dental Examiners . 


Deputies .26, 

Direct Government. 

5, 31, 43, 52, 85, 

District Clerks . 

District Court .72, 76, 

Education, State Board of.. 34, 88 , 

Eight-Hour Day . 

Elections . 


21, 81, 36, 45, 56, 70, 
73, 75, 77, 78, 80, 81, 87, 


Elisor ... 

Eminent Domain . 

Enabling Act . 

Equalization .12, 

Equity .75, 

Examination, Judicial .71, 75, 

Examination, Teachers’. 

Examiners, State Board of. 

Executive Department . 

Fees . 


Fines . 

Franchises .♦. 

Furnishing Board . 

Fusion . 

Government Defined . 

Governor . 

45, 46, 50, 51, 56-63, 65, 67, 79, 88 - 

Grand Jury . 

Health, Board of. 

Horticulture, Board of. 

House of Representatives. .45, 48, 


149 


Impeachment ... 79 

Indictment .74, 77 

Information .74, 77 

Inheritance Tax .13, 66 , 86 

Initiative .54, 55 

Insane Asylum .63, 64 


Judges of District Court. 

17, 25, 73, 79 
Judges of Election.17, 19, 21, 22, 26 
Judges of Supreme Court..56, 61, 79 


Judicial Department . 69 

Judicial Districts . 78 

Jurors . 26 

Jury Trials .71, 74 

Justice of the Peace.. 

17, 26, 70-72, 75, 77 
Keeper of the Poor Farm...8, 17, 26 

Land Agent .90 

Land Commissioners . 90 

Law-Making . 48 

Legislative Assembly . 

43, 45-48, 51, 57, 60, 64, 65, 67 

Levying Taxes .12, 65, 86 

Licenses .14, 15, 34, 66 

Lieutenant-Governor ....46, 56-59, 79 

Marshal of the Supreme Court.78, 79 

Marshal, Town .36, 72 

Mayor ..30, 32, 35-87, 72 

Medical Examiners . 61’ 

Montana, History of. 42 

Montana Reports . 79 

Normal College .89, 90 

Ordinances . 32 

Osteopathic Examiners . 62 

Pardons .35, 59 

Penitentiary .63, 64 

Pharmacy, Board of. 61 

Platforms . 57 

Police Court . 72 

Police Judge .36, 72 

Political Parties .18, 31 

Poll Taxes .11, 34 

Poor .7, 62 

Poor Tax . IS 

Population of Counties. 6 


39 

88 

26 

8 

6 

87 

26 

81 

9 

79 

47 

61 

63 

88 

81 

77 

89 

44 

72 

88 

77 

7 

42 

65 

76 

76 

82 

67 

56 

66 

15 

37 

60 

20 

1 

•90 

74 

62 

62 

79 















































































150 


INDEX, 


i » 

President Pro Tempore.46, 50 

Primary Elections . 20 

Prison Commissioners . 61 

Probate Courts . 75 

Property Taxes . 11 , 34, 35, 66 

Public Administrator .17, 26, 75 

Public Libraries . 36 

Referendum .54, 55 

Reform School.61, 64, 90 

Register of the State Land Office. 90 

Registration .18, 31, 80 

Registry Agents .17, 18, 26 

Representatives .17, 45, 46 

Roads . 6 , 7 

Road Supervisors .7, 17 

Road Tax . 13 

Road Viewers . 6 , 17 

Salaries of County Officers. 27 

Salaries of State Officers.58, 79 

School Age . 86 

School Boards .80, 81, 85, 87 

School Districts . 80 

School Finance . 86 

School for the Deaf and Blind.89, 90 

School Libraries . S 6 

School of Mines.89, 90 

Secretary of State... .56-61, 65, 67, 90 

Senate .45, 46, 58, 61, 63, 79 

Session Laws . 51 

Sheep Commissioners . 62 

Sheep Inspector and Indemnity 

Fund . 66 

Sheriff _15, 17, 22 , 26, 27, 71, 76 

Sinking Fund .15, 35, 87 

Soldiers’ Home .62, 63 

Speaker ..46, 58, 59 

Special Assessments . 35 

State Auditor .56-61, 65, 67, 68 


State Boards, See the different 


names. 

' State Bounty Fund. 66 

State Capital . 44 

State Capitol .60, 64, 90 

State Debt .44, 67 

State Engineer . 61 

State Examiner . 63 

State Finance . 65 

State Game and Fish Warden.... 63 

State Government .38, 41 

State Historical Library. 62, 64 

State Inspector of Boilers. 63 

State Inspector of Alines. 63 

State Institutions .63, 64, 89, 90 

State Law Library.61, 64 

State Orphans’ Home.62, 63 

State Sovereignty . 40 

State Superintendent.56-58, 82, 88-90 

State Treasurer.56-58, 60, 65-68 

State Veterinary Surgeon.63, 66 

Stock Commissioners .62, 66 

Stock Indemnity Fund. 66 

Stock Inspector and Detective 

Fund . 66 

Street Commissioner . 36 

Supreme Court .44, 64, 77, 7S 

Taxation .11, 34, 35, 65 

Tax Sales . 13 

Teachers .82, S3, 85 

Text-Books . 85 

Town Marshal .36, 72 

Towns, See Cities. 

Township Government .3, 70 

University . 89 

Vetoes .50, 51 

Voters .18, 31, 80 

Wards . 31 

















































































































































































. 






























































